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A  copy  of  this  pamphlet  may  be  secured  by  sending  to  the  Superintendent 
of  Education,  Montgomery,  Alabama,  6  cents  to  cover  postage. 


General  Public  School 

Laws  of  Alabama 

1911 


Issnied  by  the 

STATE  DEPARTMENT  OF  EDUCATION 

HENRT  J.  WILLINGHAM 

Superintendent 


3flO*N  PTG.  OO.  MONTGOMtRY, 


GENERAL 


PUBLIC  SCHOOL  LAWS 


OF 


ALABAMA 
1911 


>vv^ 


ISSUED  BY 

DEPARTMENT  OF   EDUCATION 


IE    BI»OWN    I'KINXING    C;f).,     PK  INTERS    ANO     BINDERS 
lOll 


HI) 
STATE  DEPARTMENT  OF  EDUCATION 


HENRY  J.  WILLINGHAM,  WILLIAM  F.  FEAGIN, 

Superintendent  of  Education.  Chief  Clerk. 

S.  H.  MORIARTY  and  JAMES  N.  GUNNELS, 
Book-keepers. 

MISS  MARGUERITE  DAY  and  MISS  CLARA  GESNER, 
Stenographers. 


STATE  BOARD  OF  EXAMINERS 

HENRY  J.  WILLINGHAM,  President. 

P.  W.  HODGES,  Secretary. 

MISS   SARA  CLARK. 


STATE  TEXT  BOOK  COMMISSION 

GOVERNOR  EMMET  O'NEAL,   Chairman. 

SUPT.  HENRY  J.  WILLINGHAM,  Secretary. 
First  District — S.  S.  Murphy,  Mobile. 
Second  District — John  P.  Selman,*  Troy. 
Third  District — J.  V.  Brown,  Dothan. 
Fourth  District — D.  M.  Callaway,   Selma. 
Fifth  District— F.  T.  Appleby,  LaFayette. 
Sixth  District — G.  W.  Brock,  Livingston. 
Seventh  District— J.  B.  Hobdy,  Auburn. 
Eighth  District — H.  T.  Lile,  Evergreen. 
Ninth  District — C.  B.  Glenn,  Birmingham 


COUNTY  'filGH.SOHODX;  COMMISSION 

GOVERlSDQjiiMkET:  OII^J^A:^.,.  Chairman. 
SUPT.  HENRY  J.  WILLINGHAM,  Secretary. 
AUDITOR  C.  B.   SMITH. 
♦Deceased. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA 


CHAPTER  41,  CODE  1907. 

Article  1. 

public  school  fund. 

1678.  (3539  (943)  Appropriations  for  public 
schools. — For  the  maintenance  of  a  system  of  public 
schools  of  the  State  the  following  sums  of  money  are 
hereby  appropriated  for  every  scholastic  year,  to-wit : 

1.  The  annual  interest  at  six  per  cent  on  all  sums  of 
money  which  have  heretofore  been  or  which  may  here- 
after be  received  by  the  State,  as  the  proceeds  of  sales  of 
lands  granted  or  entrusted  by  the  United  States  to  the 
State,  or  to  the  several  townships  thereof,  valueless  six- 
teenth section  fund,  and  school  indemnity  fund  for 
school  purposes. 

2.  The  annual  interest  at  four  per  cent  on  that  part 
of  the  surplus  revenue  of  the  United  States  deposited 
with  the  State  under  the  act  of  Congress  approved  June 
23,  1836. 

3.  All  annual  rents,  incomes,  and  profits  or  interest 
arising  from  the  proceeds  of  sales  of  all  such  lands  as 
may  hereafter  be  given  by  the  United  States,  or  by  this 
State,  or  by  individuals,  for  the  support  of  the  public 
schools  of  the  State. 

4.  All  such  sums  as  may  accrue  to  the  State  a^  es- 
cheats the  same  to  be  applied  to  the  support  of  the  pub- 
lic schools  during  the  scholastic  year  next  ensuing  the 
receipt  in  the  State  treasury. 

5.  The  net  amount  of  poll  tax  that  may  be  collected 
in  the  State;  poll  tax  collected  in  every  county  to  be  re- 


242604 


4         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

tained  therein  for  the  support  of  the  public  schools 
thereof  and  distributed  and  disbursed  as  provided  in 
this  chapter. 

6.  Licenses  which  are  by  law  required  to  be  paid 
into  the  school  fund  of  any  county  to  be  promptly  paid 
by  the  judge  of  probate  or  other  person  collecting  the 
same  to  the  county  superintendent  of  education  and  to 
be  expended  for  the  benefit  of  the  public  schools  of  each 
county. 

7.  A  further  sum  of  five  hundred  thousand  dollars 
(1500,000.00)  annually  for  every  scholastic  year;  pro- 
vided, however,  that  there  is  hereby  appropriated  the 
additional  sum  of  one  hundred  thousand  dollars  (|100,- 
000.00)  annually  if  in  the  judgment  of  the  governor  of 
Alabama  the  financial  condition  of  the  State  treasury 
will  permit  of  such  additional  appropriation. 

That  'the  provisions  of  this  act  shall  become  effective 
October  1st,  1911.  Provided,  that  the  annual  excess  of 
the  appropriation  herein  made  over  the  appropriation 
carried  by  existing  laws,  viz :  The  sum  of  two  hundred 
and  fifty  thousand  dollars  (|250,000.00)  per  annum, 
shall  be  paid  only  on  the  approval  of  the  governor,  who, 
as  the  state  of  the  treasury  in  his  opinion  may  warrant, 
may  approve  the  same  in  whole  or  in  part  from  time  to 
time;  provided,  that  if  the  governor  shall  fail  to  ap- 
prove in  any  year  the  full  amount  of  the  appropriation 
made  for  that  year  he  may,  if  the  condition  of  the  treas- 
ury warrant,  approve  in  any  subsequent  year  or  years 
the  difference  between  the  amount  appropriated  and 
that  paid. 

l^ote — In  addition  to  the  sources  of  school  revenue 
above  enumerated,  there  is  annually  levied,  by  Consti- 
tutional requirements,  for  the  maintenance  of  the  pub- 
lic schools,  a  tax  of  thirty  cents  on  each  one  hundred 
dollars  assessed  valuation  of  taxable  property. 

Mobile  and  Baldwin  Counties  levy  a  three-mill  local 
tax,  Escambia  County  a  two-mill  local  tax,  Jefferson 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  5 

County  a  one  and  one-half  mill  local  tax,  and  forty-one 
other  counties  levy  a  one-mill  tax. 

1679.  (3540)  (944)  When  appropriations  accrue^ 
placed  to  credit  of  educational  fund. — All  such  appro- 
priations, except  the  poll  tax,  shall  accrue  to  the  educa- 
tional fund  on  the  first  day  of  October,  in  each  year; 
and  on  that  day  the  State  auditor  shall  place  to  the 
credit  of  that  fund,  on  the  books  in  his  office,  all  such 
amounts  as  accrue  thereto  from  the  sources  in  this  arti- 
cle mentioned,  except  the  poll  tax,  for  the  scholastic 
year  beginning  on  that  day. 


Article  2. 

officers  and  boards  of  public  schools. 

1680.  (3541)  (945)  Of  fleers  and  hoards  of  admin- 
istration of  public  schools. — For  the  administration  and 
government  of  public  schools  in  this  State,  there  are  the 
following  officers  and  boards  of  education: 

1.  The  superintendent  of  education. 

2.  A  county  superintendent  of  education  in  each 
county. 

3.  Three  district  trustees  in  each  school  district. 

4.  One  county  board  of  education;  constituted  as 
hereinafter  provided. 


Article  3. 

superintendent  of  education. 

1681.  ( 3542 )  ( 946 )  Term  of  office;  salary.— ''The 
Superintendent  of  Education"  holds  office  for  the  term 
of  four  years  from  the  time  of  his  installation  in  office^ 


^  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

and  until  his  successor  is  elected  and  qualified,  and 
shall  receive  a  salary  of  three  thousand  dollars  per  an- 
num, payable  in  monthly  installments,  on  the  last  day 
of  each  month,  and  shall  not  be  eligible  as  his  own  suc- 
cessor. 

1682.  (3543)  (947)  Oath  of  office  and  bond.— Be- 
fore entering  upon  the  duties  of  his  office,  he  shall  take 
oath  of  office  prescribed  by  the  constitution,  and  shall 
also  give  bond,  with  sureties  to  be  approved  by  the  gov- 
ernor, in  the  sum  of  fifteen  thousand  dollars,  condition- 
ed faithfully  to  discharge  the  duties  of  his  office  so  long 
as  he  shall  remain  therein,  or  perform  any  of  the  du- 
ties thereof;  and  such  bond  shall  be  filed  in  the  office 
of  the  secretary  of  state. 

1683.  (3544)  (948)  Office  and  hooks ^  papers  and 
records. — He  shall  have  an  office  at  the  capitol  of  the 
State,  where  the  bonds,  papers  and  records  of  his  office 
shall  be  kept,  and  where  he  shall  give  attendance  when 
not  absent  on  official  business;  and  it  shall  be  the  priv- 
ilege of  all  persons  interested  to  have  access,  at  all 
proper  hours,  to  the  books,  papers,  and  records  of  the 
office. 

1684.  (3545)  (949)  Clerks  and  their  salaries.— 
He  is  authorized  to  employ  a  chief  clerk,  two  bookkeep- 
ers, and  a  stenographer  for  service  in  his  office;  and 
isuch  clerks  shall  be  allowed  salaries  as  follows:  The 
chief  clerk,  eighteen  hundred  dollars  per  year;  the  two 
bookkeepers,  fifteen  hundred  dollars  per  year  each;  the 
stenographer,  seven  hundred  and  fifty  dollars  per  year, 
to  be  paid  as  the  salaries  of  other  department  clerks  are 
paid. 

1685.  (3546)  (950)  Duties  of  the  superintendent 
of  education. — The  duties  of  the  superintendent  of  edu- 
cation shall  be  as  follows: 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  7 

1.  He  shall  devote  his  time  to  the  care  and  improve- 
ment of  the  common  schools,  and  the  promotion  of  pub- 
lic education,  and  shall  exercise  a  general  supervision 
over  all  the  educational  interests  of  the  State;  and  to 
this  end  he  shall  have  power  to  require  from  the  county 
superintendent  of  education,  township  and  district  trus- 
tees of  public  schools,  and  all  other  school  officers,  all 
such  reports  and  information  relating  to  the  education- 
al fund,  or  the  condition  of  the  schools  and  the  manage- 
ment thereof,  as  he  may  deem  important,  or  as  may  be 
prescribed  by  law;  and  he  may  remove  from  office  any 
such  officer,  except  the  county  superintendent,  for  fail- 
ure to  make  such  report,  give  such  information,  or  dis- 
charge any  other  official  duty. 

2.  He  shall  annually,  as  far  as  practicable,  visit  ev- 
€ry  county  in  the  State,  for  the  purpose  of  inspecting 
the  schools  and  their  management,  the  accounts  of 
county  superintendents  of  education,  and  other  school 
officers,  and  for  diffusing  as  widely  as  possible,  by  per- 
sonal address  and  personal  communication,  information 
as  to  the  importance  of  public  schools  and  the  best 
method  for  their  management;  and  he  shall  encourage 
and  assist  at  organizing  and  conducting  teachers'  and 
superintendents'  institutes. 

3.  He  shall  make  provisions  for  instructing  all  pu- 
pils in  all  schools  and  colleges  supported,  in  whole  or  in 
part,  by  public  money,  or  under  State  control,  in  hy- 
giene and  physiology,  with  special  reference  to  the  ef- 
fects of  alcoholic  drinks,  stimulants,  and  narcotics  upon 
the  human  system. 

4.  He  shall  make  provision  for  instructing  all  pupils' 
in  all  schools  and  colleges  supported,  in  w^hole  or  in 
part,  by  public  moneys,  or  under  State  control,  in  the 
constitution  of  the  United  States  and  the  constitution 
of  the  State  of  Alabama. 

5.  He  shall  annually  apportion  the  public  school 
fund  to  the  several  counties,  and  the  county  board  of 
education  shall  apportion  the  same  to  the  school  dis- 


8  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

tricts  as  required  by  section  256  of  the  constitution,  and 
shall  see  to  the  proper  disbursement  of  the  same;  and 
to  this  end  he  shall  keep  an  accurate  account  with  all 
officers  who  may  be  custodians  or  disbursers  of  the 
school  fund,  or  any  part  thereof. 

6.  He  shall  prepare  all  forms  and  have  printed  and 
distributed  all  such  blanks  as  may  be  necessary,  or  as 
may  be  required  by  law,  in  the  administration  of  the 
public  school  system. 

7.  He  shall  furnish  the  county  superintendents  and 
other  school  officers  all  necessary  books  for  keeping 
their  accounts  and  records,  to  be  and  remain  public 
property;  and  he  shall  prescribe  a  uniform  system  of 
keeping  such  accounts  and  records. 

8.  He  shall  take  receipts  for  all  such  books  so  fur- 
nished by  him  to  school  officers,  and  such  officers  shall 
take  good  care  thereof,  and  turn  them  over  to  their  suc- 
cessors in  office. 

9.  He  shall  keep  a  debtor  and  creditor  account  with 
each  township,  or  other  school  district,  in  the  State  of 
all  funds  accruing  thereto  for  educational  purposes. 

10.  He  shall  keep  an  accurate  account  of  the  capital 
of  all  sixteenth-section  or  other  trust  funds,  to  which 
each  township  or  school  district  may  be  entitled,  show- 
ing whence  and  when  such  funds  were  derived. 

11.  He  shall  preserve  in  his  office  all  bonds  of  school 
officers  and  others  required  to  be  filed  therein. 

12.  He  shall  cause  suits  to  be  instituted  and  prose- 
cuted against  all  defaulters  to  the  educational  fund, 
and  for  this  purpose  may  employ  attorneys ;  but  he  shall 
not  have  power  to  contract  to  pay  such  attorneys  out  of 
the  educational  fund  more  than  ten  per  cent  of  the 
amount  recovered  by  them  in  such  suits;  and  of  such 
fund  he  may  pay  such  lawful  costs  as  may  be  taxed 
against  him  as  superintendent  of  education,  in  case  he 
is  cast  in  any  such  suits. 

13.  He  shall,  by  correspondence,  exchange  of  official 
reports,  and  other  proper  means,  elicit  information  rel- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  9 

ative  to  the  system  of  public  education  in  other  States 
and  countries,  and  disseminate  all  useful  knowledge  re- 
garding the  same  among  the  county  superintendents 
and  other  school  officers  in  the  State. 

14.  He  shall  collect  in  his  office  such  school  books, 
apparatus,  maps,  charts  and  specimens  of  improved 
school  furniture  as  can  be  obtained  without  expense  to 
the  State. 

15.  He  shall  prepare  and  have  printed  in  pamphlet 
form  by  the  public  printer,  all  laws,  rules,  and  regula- 
tions pertaining  to  the  public  school  system  of  the 
State,  including  therein  the  constitution  of  the  United 
States  and  the  constitution  of  the  State  of  Alabama, 
and  cause  the  same  to  be  distributed  among  the  county 
superintendents  of  education,  and  other  officers  con- 
nected with  the  school  system,  for  the  information  of 
those  interested  in  the  educational  interests  of  the 
State. 

16.  He  shall  perform  such  other  duties  as  are,  or 
may  be,  prescribed  by  law. 

1686.  (3547)  (951)  Report  to  governor;  contents. 
— He  shall  also,  annually,  on  or  before  the  first  day  of 
December,  report  to  the  governor  in  writing — 

1.  A  brief  history  of  his  labors. 

2.  An  abstract  of  the  reports  received  by  him  from 
the  county  superintendent  of  education,  exhibiting  the 
condition  of  the  public  schools. 

3.  Estimates  and  accounts  of  expenditures  of  school 
money. 

4.  An  itemized  statement  showing  how  the  contin- 
gent fund  of  his  department  and  all  other  special  funds 
or  appropriations  under  his  control  have  been  disposed 
of. 

5.  Such  recommendations  as  he  may  desire  to  make 
for  the  improvement  of  the  school  system,  and  the  care 
and  increase  of  the  educational  fund. 


10        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

6.  All  such  other  matters  relating  to  his  office  and 
to  the  public  schools  as  he  shall  deem  expedient  to  com- 
municate. 

1687.  (3548)  (952)  Report  to  he  printed  and  dis- 
tributed.— The  governor  shall,  when  such  report  is  laid 
before  him,  direct  the  superintendent  of  education  to 
have  printed  in  the  same  manner  and  upon  the  same 
conditions  as  other  printing  is  done,  during  the  recess 
of  the  legislature,  a  sufficient  number  of  copies  of  the 
report  to  supply  the  county  superintendents  and  dis- 
trict trustees  of  public  schools,  and  other  school  offi- 
cers, and  for  the  usual  exchange  with  other  States,  and 
with  the  leading  cities  of  the  United  States ;  and  it  shall 
be  the  duty  of  the  superintendent  of  education  to  dis- 
tribute the  same  as  indicated  in  this  section. 

1688.  (3549)  (953)  Vacancy  filled  hy  governor; 
term,  etc.,  of  appointee. — If  the  office  of  superintendent 
of  education  should  at  any  time  become  vacant,  by 
death,  resignation,  or  otherwise,  the  governor  shall  ap- 
point a  suitable  person  to  fill  such  office  for  the  unex- 
pired term;  and  such  appointee  shall  give  bond  and 
qualify  in  the  same  manner  as  if  he  had  been  elected 
for  a  full  term. 


Article  4. 

townships  abolished. 

1689.  Townships  abolished;  public  schools  re-dis- 
tricted.— Township  lines  for  school  purposes  are  abol- 
ished; provided  the  inhabitants  of  no  township  shall  be 
deprived  of  the  sixteenth  section  or  any  fund  arising 
therefrom,  or  of  selling  and  leasing  such  lands  as  pro- 
vided by  law. 


public  school  laws  of  alabama.  h 

Article  5. 

townships  and  school  districts  incorporated. 

1690.  (3624)  (1024)  (963)  (576)  (502)  In- 
corporatioyi  of  townships. — The  inhabitants  of  each 
township  in  the  State  are  incorporated  by  the  name  of 

"Township ,  of  range ,"  according 

to  the  number  of  the  surveys  of  the  United  States,  and 
the  inhabitants  of  each  school  district  are  incorporated 
by  the  name  and  number  by  which  it  is  known  or  des- 
ignated. 


Article  6. 
school    districts    and    re-districting 

CREATED. 

1691.  District  lines  and  boundaries;  how  changed. 
— The  lines  and  boundaries  of  any  public  school  district 
heretofore  established  by  general  law  or  any  special  law 
may  be  changed,  or  a  new  public  school  district  may  be 
created,  by  the  vote  of  a  majority  of  the  county  board 
of  education,  upon  application  to  said  board,  and  after 
notice  of  said  application  and  of  the  time  and  place  of 
hearing  the  same  has  been  given  by  publication  for 
three  successive  weeks  in  some  newspaper  published  in 
said  county,  if  a  newspaper  be  published  therein,  and 
by  posting  written  notices  in  at  least  three  public 
places  in  the  territory  to  be  affected  by  said  change. 
Said  publication  and  notice  shall  be  made  and  given  by 
the  county  superintendent  of  education,  and  the  person 
or  persons  making  the  application  for  such  change  shall 
deposit  with  him  a  sum  of  money  sufficient  to  pay  the 
expenses  of  said  publication  and  notices,  such  sum  of 
money  to  be  expended  by  him  for  that  purpose.     And 


12        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

whenever  the  boundaries  of  any  public  school  district 
are  changed  by  the  county  board  of  education  or  a  new 
public  school  district  shall  be  created  by  said  board  un- 
der this  section,  the  county  superintendent  of  educa- 
tion, within  ten  days  after  such  change,  or  the  creation 
of  such  district,  shall  file  in  the  office  of  the  judge  of 
probate  of  his  county,  an  accurate  description  of  such 
change,  or  of  the  district  so  created,  and  the  judge  of 
probate  shall  record  the  same  in  the  book  to  be  kept  by 
him.  The  change  of  the  lines  or  boundaries  of  any 
public  school  district  or  the  creation  of  a  new  district 
under  this  section  may  also  be  made  by  adding  to  or 
taking  from  any  district  composed  of  an  incorporated 
city  or  town  such  contiguous  territory  as  such  board 
may  deem  best. 


No.  93.)  AN  ACT  (S.  80. 

To  amend  Section  6  of  an  act  approved  July  17,  1907, 
entitled  "An  act  to  amend  Sections  6,  9,  10,  16,  17,  19 
and  20  of  an  act  entitled  an  act  to  provide  for  the  re- 
districting  of  the  public  schools  of  the  State  and  for 
the  management  and  control  of  the  same,  approved  Sep- 
tember 30,  1903." 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, that  Section  6  of  an  act  approved  July  17,  1907, 
entitled  "An  act  to  amend  sections  6,  9,  10,  16,  17,  19 
and  20,  of  an  act  entitled  an  act  providing  for  the  re- 
districting  of  the  public  schools  of  the  State  and  for  the 
management  and  control  of  the  same,  approved  Sep- 
tember 30,  1903,"  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows:  Section  6.  That  section  19 
of  said  act  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows:  The  provisions  of  this  act  shall  not 
apply  to  any  county  heretofore  districted  by  authority 
of  a  special  law  and  which  has  a  special  levy  from  the 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  J[3 

county  for  the  support  of  the  public  schools  therein; 
or  to  any  city  or  town  where  the  members  of  the  board 
of  education  hold  office  for  life  under  any  act  of  the 
Legislature  of  Alabama  approved  prior  to  Feb.  15,  1891, 
but  all  other  general,  special,  private  or  local  laws  cre- 
ating or  providing  for  any  special  or  separate  school 
district  be  and  the  same  are  hereby  repealed. 
Approved  August  25,  1909. 

1693.  Incorporated  cities  and  towns  separate  school 
districts. — Each  incorporated  city  or  town  in  the  State 
is  a  separate  school  district. 

1694.  School  districts  not  affected  by  county  lines. 
— Any  school  district  which,  by  the  creation  of  new 
counties  or  the  change  of  county  lines,  shall  lie  in  two 
or  more  counties,  shall  in  no  wise  be  repealed  by  the 
creation  of  said  new  counties  or  the  change  of  county 
lines. 

1695.  Funds;  how  paid. — The  superintendent  of 
<Niucation  of  the  counties  in  which  said  school  districts 
«hall  lie,  shall  pay  over  to  the  treasurer  of  said  school 
boards  in  said  school  districts  all  the  funds  or  money 
i^oming  into  their  hands  due  said  school  districts. 

1696.  Repeal. — All  laws  as  to  school  districts  which, 
by  the  creation  of  new  counties  or  the  change  of  county 
lines,  lie  in  two  or  more  counties,  which  are  in  conflict 
with  the  provisions  of  this  article,  are  repealed. 


Article  7. 

DISTRICT    trustees;    ELECTION,    POWERS    AND    DUTIES. 

1697.         (3560)      (966)     District  trustees;  election 
of;  term  of  office. — On  the  first  Saturday  in  July,  1908, 


14        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

and  eacli  fourth  year  thereafter,  at  an  hour  to  be  fixed 
and  appointed  by  the  county  superintendent  of  educa- 
tion of  each  county,  and  to  be  uniform  throughout  the 
county,  after  notice  has  been  given  thereof  by  the  county 
superintendent  of  education  by  publication  in  a  news- 
paper published  in  said  county  for  three  successive 
weeks  (the  expenses  to  be  paid  out  of  the  county  treas- 
ury), and  if  there  be  no  newspaper  published  in  the 
county,  then  by  written  notices  sent  to  each  of  the  chair- 
men of  the  boards  of  district  trustees  in  such  county, 
the  qualified  electors  of  each  public  school  district  shall 
meet  at  the  district  school  house  and  elect  from  among 
the  freeholders  and  householders  who  can  read  and  write 
residing  in  such  districts,  a  local  board  of  three  dis- 
trict trustees  whose  duty  shall  be  as  hereinafter  pro- 
vided. The  chairman,  or,  in  his  absence,  a  member  of 
the  board  of  district  trustees  shall  preside  over  such 
meeting  and  shall  certify  to  the  county  superintendent 
of  education  the  result  of  the  election  held  thereat,, 
which  certificate  must  show  the  names  of  the  district 
trustees  elected  at  said  meeting  for  the  district,  and 
said  certificate  must  be  filed  with  the  county  superin- 
tendent of  education  within  five  days  after  such  meet- 
ing and  election;  provided,  however,  that  in  the  event, 
the  chairman  or  other  member  of  such  board  of  district 
trustees  should  not  be  present  at  the  time  fixed  for  said 
meeting,  or,  being  present,  should  wilfully  fail  or  refuse 
to  call  said  meeting  to  order  or  to  preside  over  the 
same,  then  the  qualified  electors  of  such  district  assem- 
bled may  choose  from  among  their  number  a  person  to 
preside  over  such  meeting,  and  such  person  shall  be 
fully  authorized  to  so  preside  and  to  make  the  certifi- 
cate of  election  of  district  trustees  had  at  such  meeting 
and  to  file  the  same  as  herein  provided.  Any  qualified 
voter  of  such  district  may,  within  ten  days  after  the 
holding  of  such  election,  contest  the  election  of  any 
person  or  persons  shown  to  be  elected  by  said  certifi- 
cate, by  filing  a  contest  is  writing  with  the  county  su- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        15 

perintendent  of  education  and  addressed  to  the  county 
board  of  education,  stating  therein  the  ground  for  such 
contest,  and  it  shall  be  the  duty  of  the  county  board 
of  education,  upon  notice  to  them  by  the  county  super- 
intendent of  education  of  the  filing  of  such  contest,  to 
meet  and  hear  and  determine  such  contests  within 
twenty  days  from  the  holding  of  the  election.  The 
county  superintendent  of  education,  upon  the  filing  of 
all  such  contests,  shall  immediately  notify  in  writings 
such  person  whose  election  is  contested,  of  the  filing  of 
the  same  and  of  the  date  and  place  Avhere  such  contest 
shall  be  heard.  Such  district  trustees  shall  hold  office 
for  the  term  of  four  years  from  the  time  of  their  elec- 
tion and  until  their  successors  are  elected  and  qualified. 

1698.  District  trustees;  organization  of. — The  trus- 
tees provided  for  in  the  preceding  section  shall  within 
ten  days  after  their  election  or  appointment  meet  at 
the  public  school  district  schoolhouse,  or  some  place 
more  convenient  to  all  concerned,  and  shall  organize  by 
electing  one  of  their  number  chairman  and  another  sec- 
retary. 

1699.  (3562)  (968)  Duties  of  district  trustees.— 
The  district  trustees  shall — 

1.  Make  enumeration  of  children  within  school  age 
as  provided  by  law. 

2.  Care  for  all  school  property. 

3.  Nominate  teachers  for  their  school  districts,  such 
nomination  to  be  subject  to  the  approval  of  the  county 
board  of  education,  the  contract  to  teach  to  be  made 
with  said  county  board  of  education. 

4.  Visit  the  schools  within  their  respective  districts, 
observe  the  managem.ent  of  the  same,  and  make  quarter- 
ly reports  of  the  condition  of  such  schools  to  the  county 
superintendent  of  education. 

5.  Perform  such  other  duties  as  may  be  required  by 
the  county  board  of  education,  hereinafter  provided  for. 


16        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

If  said  district  trustees  shall  fail  or  refuse  for  a  period 
of  thirty  days  after  required  in  writing  by  the  county 
board  of  education  to  nominate  and  submit  for  approv- 
al a  teacher  or  teachers  for  their  district,  or  for  such  pe- 
riod after  so  requiring  in  writing,  shall  fail  or  refuse  to 
perform  any  of  the  duties  required  of  them  under  this 
section,  the  county  board  of  education  shall  be  authoriz- 
ed to  perform  any  such  duties,  including  the  nomination 
and  employment  of  teachers  in  lieu  of  said  district  trus- 
tees, wherein  they  have  failed  to  perform  them. 

1700.  Graded  schools  increase  niimher  of  trustees. — 
Whenever  there  has  been  established  in  any  school  dis- 
ti'ict  a  system  of  graded  schools  free  to  the  children  of 
school  age,  within  such  district  for  a  period  of  not  less 
than  eight  months  in  each  year,  the  electors  of  such  dis- 
trict may  increase  the  number  of  the  district  trustees  to 
five,  and  assume  entire  control  of  the  public  schools 
therein;  provided,  the  trustees  of  such  districts  shall 
make  all  reports  required  by  law  to  the  county  board  of 
education. 

1701.  Municipal  school  district;  hoard  of  education 
and  trustees  for. — In  all  municipalities  where  there  is 
a  board  of  education,  the  board  shall  have  full  charge 
and  control  of  such  separate  school  district,  and  shall 
have  and  exercise  all  the  powers  and  authority  con- 
ferred by  law  upon  township  trustees.  In  municipali- 
ties where  there  is  no  such  board  of  education,  the  pow- 
ers and  duties  of  trustees  shall  devolve  upon  and  be  per- 
formed by  the  mayor  and  board  of  aldermen,  or  other 
governing  body,  of  said  municipality,  and  all  funds  due 
such  separate  school  districts  shall  be  paid  to  the  board 
of  education  of  such  separate  school  district,  or  to  the 
mayor,  board  of  aldermen,  or  other  governing  body  of 
such  municipality,  where  there  is  no  such  board  of  edu- 
cation, by  the  county  superintendent  of  education,  as 
required  by  law. 


public  school  laws  of  alabama.  17 

Article  8. 
county  superintendent  of  education. 

1702.  (3550)  (954)  One  elected  for  each  county, 
— A  county  superintendent  of  education  for  every  coun- 
ty shall  be  elected  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1908,  and  every  fourth  year 
thereafter,  and  all  local,  or  special  laws,  in  conflict 
herewith  are  expressly  repealed. 

1703.  (3551)  (955)  Term  of  of fice;  removal.— TI^q 
term  of  office  of  county  superintendents  shall  commence 
on  the  first  day  of  October  next  after  their  election,  and 
shall  liold  office  for  four  years  and  until  their  succes- 
sors shall  qualify,  and  shall  not  be  required  to  file  their 
official  bonds  until  fifteen  days  before  the  beginning  of 
the  term  of  office,  and  the  terms  of  all  county  superin- 
tendents noAv  in  office  are  hereby  extended  to  the  first 
day  of  October,  1909. 

1704.  (3552)  (956)  Oath  of  office  and  bond.— 
Every  county  superintendent  of  education,  before  enter- 
ing upon  the  duties  of  his  office  must  take  oath  of  office 
prescribed  by  the  constitution  and  give  bond  in  an 
amount  to  be  fixed  by  the  superintendent  of  education, 
but  in  no  case  to  be  less  than  double  the  probable 
amount  of  money  that  may  be  in  his  hands  at  any  time, 
with  good  and  sufficient  sureties,  and  payable  and  con- 
ditioned as  official  bonds  of  other  public  officers. 

1705.  (3553)  (957)  si pproval  and  record  of  bond. 
— Such  bond  must  be  approved  by,  and,  with  the  oath 
of  office,  must  be  filed  and  recorded  in  the  office  of  the 
judge  of  probate  of  the  county;  and  a  certified  copy  of 
the  bond  must  also  be  filed  in  the  office  of  the  superin- 
tendent of  education  for  his  approval. 

2  SL 


18  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

1706.  (3554)  (958)  l^ew  or  additional  bond;  ef- 
fect of  notice  to  give. — The  superintendent  of  education 
fehall  require  of  any  county  superintendent  of  educa- 
tion a  new  or  additional  bond  in  the  same,  or  a  differ- 
ent  amount,  as  that  of  the  original  bond,  whenever  he 
shall  find  it  necessary  for  the  protection  of  the  educa- 
tional fund  of  the  county;  and  no  county  superintend- 
ent of  education,  after  receiving  notice  to  give  such 
new  or  additional  bond,  shall  continue  in  the  discharge 
of  the  duties  of  his  office  until  such  new  or  additional 
bond  is  given. 

1707.  ( 3556 )  ( 960 )  His  duties.— The.  duties  of  the 
county  superintendent  of  education  shall  be  as  follows : 

1.  He  shall  have  an  office  at  the  county  site  of  his 
county,  where  he  must,  on  the  first  Saturday  of  each 
month,  from  the  beginning  of  the  scholastic  year  until 
the  close  of  the  public  schools  for  that  year,  be  present 
to  transact  business  with  the  officers  and  teachers  of 
public  schols. 

2.  He  must  receive  and  take  charge  of  any  money^ 
funds,  property,  or  proceeds  of  any  character,  raised  in 
his  county  by  county  taxation,  or  Avhich  may  accrue  to 
him  or  to  the  county  from  any  gift,  grant,  bequest,  de- 
vise, endowment,  or  otherwise,  to  be  used  in  aid  of,  or 
in  connection  with,  money  apportioned  to  his  county 
from  the  educational  fund,  and  shall  faithfully  keep  the 
same,  separate  and  apart  from  any  other  funds  or  prop- 
erty whatsoever;  and  after  the  county  board  of  educa- 
tion shall  have  apportioned  the  public  funds  of  the 
county,  as  in  this  code  provided,  he  shall  by  and  with 
the  consent  of  the  county  board  of  education,  distribute 
and  pay  out  all  money  raised  in  accordance  with  this 
subdivision;  but,  all  money,  raised  by  local  taxation  in 
any  school  district  or  incorporated  city  or  town,  shall 
be  expended  for  the  benefit  of  the  district,  city  or  town 
in  which  the  money  is  raised,  and  by  such  persons,  and 
in  such  manner,  as  are  authorized  by  the  laws  in  force 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  1^ 

for  the  control  and  government  of  public  schools  in 
such  district,  city  or  town. 

3.  He  shall  examine  into  the  condition  of  all  school 
funds  of  his  county,  including  the  sixteenth-section 
fund,  and  sixteenth  section  lands  unsold  in  his  county; 
and  he  is  authorized  and  required  in  the  name  of  the 
State  for  the  use  of  the  toAvuship,  to  bring  all  necessary 
suits  for  the  recovery  of  the  possession  of  such  lands,  or 
against  trespassers  thereon. 

4:  He  shall,  as  soon  as  he  receive  the  annual  appor- 
tionment of  the  educational  fund  to  his  county  and  the 
same  has  been  apportioned  among  the  districts  by  the 
county  board  of  education,  notify  the  district  trustees 
of  each  district  of  the  amount  apportioned  to  each  sep- 
arate school  district. 

5.  He  shall  enter  in  a  book  or  books,  kept  for  that 
purpose,  the  exact  amount  and  date  of  all  moneys  re- 
ceived and  paid  out  by  him  on  account  of  the  educa- 
tional fund  of  his  county,  showing  by  whom  or  to  whom 
paid,  and  for  what  purpose,  and  also  the  amount  of  the 
educationlal  fund  apportioned  to  and  distributed  in 
each  district  for  each  race;  and  such  books  shall  be  open 
to  the  inspection  of  .all  persons  interested. 

6.  He  shall,  on  or  before  the  fifteenth  day  of  Octo- 
ber of  each  year,  forward  to  the  superintendent  of  edu- 
cation, on  blanks  to  be  furnished  him  by  the  latter,  an 
annual  report  of  the  public  schools  of  his  county  for 
the  preceding  year,  which  shall  set  forth  ( 1 )  the  amount 
of  school  money  received  by  him  from  all  sources  to  the 
end  of  the  year,  specifying  how  much  was  received  from 
each  source;  (2)  how  much  has  been  disbursed  by  him 
during  such  year,  for  what  purpose,  and  the  names  of 
teachers  to  whom  money  has  been  paid,  the  time  they 
taught,  and  the  total  amount  paid  to  each  teacher;  (3) 
the  amount  of  funds  then  in  hand  for  each  township  or 
school  district  in  his  county;  and  (4)  the  manner  in 
which,  and  the  extent  to  which,  he  has  discharged  the 
duties  required  by  law  to  be  performed  by  him. 


20  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

7.  He  must,  monthly,  on  the  first  Saturday  in  each 
month  of  each  year,  or  as  soon  thereafter  as  practicable, 
pay  the  teachers  of  the  public  schools,  upon  the  certifi- 
cate of  the  trustees  of  the  district  in  which  the  school 
was  taught;  and  in  counties  in  which  separate  districts 
have  been  established  by  special  laws,  he  shall  pay  over 
to  the  officers  autliorized  to  receive  the  same  their  pro- 
portionate shares  of  the  school  revenues  at  the  times 
above  designated. 

1708.  (3557)  (963)  Forfeiture  for  failure  to  make 
annual  reports. — If  any  county  superintendent  shall 
wilfully  fail  to  make  out  and  forward  to  the  superin- 
tendent of  education  any  annual  report  required  by  this 
article,  within  ten  days  after  the  time  it  should  be  made, 
he  shall  be  liable  to  a  forfeiture  of  his  commission,  to 
be  declared  by  the  superintendent  of  education  and  to 
removal  from  ofiice. 

1709.  (558)  (962)  Books  and  accounts  liable  to  ex- 
amination.— The  books,  accounts  and  vouchers  of  the 
county  superintendent  of  education  may  be  examined  at 
any  time  by  the  superintendent  of  education  in  person 
or  by  duly  authorized  agent. 

1710.  (3559)  (965)  Vacancies^  how  filled;  term^ 
etc.,  of  appointees. — The  superintendent  of  education 
shall  fill  all  vacancies  in  the  office  of  county  superin- 
tendent of  education,  by  appointment;  and  such  ap- 
pointee shall  hold  during  the  unexpired  term,  and  until 
his  successor  qualifies,  and  shall  give  bond  and  qualify 
as  is  required  by  law. 

1711.  (3555)  (959)  Compensation  of  county  super- 
intendents of  education. — For  their  compensation,  they 
shall  receive  four  per  cent  on  all  State  public  moneys 
legally  disbursed  by  them,  not  to  exceed  the  sum  of 
eighteen  hundred  dollars  for  any  calendar  year.    For  all 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  21 

moneys  received  and  disbursed  by  them,  the  county  su- 
perintendents shall  account  to  the  superintendent  of 
education,  as  now  provided  by  law. 


Article  9. 

blection^  powers^  and 
duties  of. 

1712.  County  hoards  of  trustees. — The  chairmen  of 
the  several  boards  of  district  trustees  shall  meet  at  the 
court  house  of  their  respective  counties,  the  second  Sat- 
urday in  August  after  their  election,  and  shall  elect  four 
county  school  trustees,  who  shall  hold  office  for  the 
term  of  four  years  from  the  date  of  their  election  and 
until  their  successors  are  elected  and  qualified.  Before 
entering  upon  the  duties  of  office,  they  shall  take  the 
oath  of  office  prescribed  by  the  constitution  of  the  State. 

1713.  (3583)  (989)  County  hoard  of  education.— 
County  superintendent  of  Elducation  and  said  four 
county  trustees  shall  constitute  the  county  board  of  edu- 
cation within  their  respective  counties.  The  county  su- 
perintendent of  education  shall  be  the  chief  executive 
officer  of  said  county  board  of  education  and  shall  see 
that  all  rules,  regulations  and  orders  of  said  county 
board  are  enforced;  provided,  that  no  district  trustee 
shall,  during  his  term  of  office,  be  eligible  to  election  as 
a  county  trustee,  nor  shall  more  than  one  teacher  act- 
ively engaged  in  teaching  in  the  public  schools  in  this 
State  be  a  member  of  said  county  board  of  education  at 
one  and  the  same  time.  The  court  of  county  commis- 
sioners, or  board  of  revenue,  of  each  county,  shall  pro- 
vide, at  the  expense  of  the  county,  all  necessary  blank 
books,  stationery,  and  postage  for  the  use  of  the  county 
board  of  education  of  the  county. 


22        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1714.  (3583)  (989)  Vacancies  in  hoards  of  educa- 
tion; how  filled. — Any  vacancy  on  the  county  board  of 
education  shall  be  filled  by  the  superintendent  of  educa- 
tion of  the  State  by  and  with  the  approval  and  consent 
of  the  governor,  for  the  unexpired  term,  and  any  va- 
cancy on  a  board  of  trustees  shall  be  filled  for  the  unex- 
pired term  by  the  county  board  of  education. 

1715.  Ponders  and  duties  of  county  hoards  of  trus- 
tees.— The  county  board  of  education  shall  have  entire 
control  of  the  public  schools  within  their  respective 
counties,  unless  otherwise  provided  by  law.  They  shall 
make  rules  and  regulations  for  the  government  of  the 
schools,  see  that  the  teachers  perform  their  duties  and 
exercise  such  powers,  consistent  with  the  law,  as  in  their 
judgment  will  best  subserve  the  cause  of  education.  The 
board  shall  have  the  right  to  acquire,  purchase,  lease, 
receive,  hold,  transmit,  and  convey  the  title  to  real  and 
personal  property  for  school  purposes,  except  where 
otherwise  provided.  Said  board  of  education  shall,  by 
and  in  the  name  of  the  county  board  of  education,  sue 
and  contract;  all  contracts  to  be  made  after  resolution 
adopted  by  said  board,  and  spread  on  its  minutes  and 
signed  by  the  president  and  all  process  shall  be  execu- 
ted on  the  secretary  of  said  board. 

1716.  Pay  or  compensation  of  county  hoard  of  educa- 
tion.— Each  of  the  four  members  of  the  county  board  of 
education  shall  receive  from  the  public  school  fund  of 
the  county,  to  be  disbursed  by  the  county  superintend- 
ent of  education,  two  dollars  a  day  for  each  day's  work 
devoted  by  him  to  the  public  schools;  provided,  he  shall 
not  receive  pay  for  more  than  ten  days  in  any  one  year. 
The  county  superintendent  of  education  shall  apportion 
among  the  several  school  districts  the  amount  of  com- 
pensation to  be  paid  to  the  members  of  the  county  board 
of  education,  and  account  for  the  same  in  like  manner  as 
provided  for  the  compensation  paid  to  teachers  in  such 
districts. 


PUBLIC    SCHOOL    TAWS    OF    ALABAMA.  23 

No.  269.)  AN  ACT  (H.  244. 

To  prescribe  the  duties  and  powers  and  to  fix  the 
compensation  of  the  county  superintendents  of  educa- 
tion of  the  several  counties  of  this  State. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
bama, That  the  duties  and  powers  of  the  county  super- 
intendent of  education  shall  be  as  follows:  He  shall 
have  an  office  at  the  county  site  of  his  county,  where  he 
must,  on  every  Saturday  of  each  month  except  in  the 
months  of  June,  July  and  August,  be  present  in  person 
or  by  representative  to  transact  business  with  the  offi- 
cers and  teachers  of  the  public  schools.  He  shall  exam- 
ine into  the  condition  of  all  school  funds  of  his  county, 
including  the  sixteenth  section  fund,  and  sixteenth  sec- 
tion lands  unsold  in  his  county.  He  shall  as  soon  as 
practicable,  notify  the  district  trustees  of  each  district 
of  the  amount  available  as  salaries  of  the  several  teach- 
ers in  the  district.  He  shall,  when  required  by  the  coun- 
ty board  of  education,  devote  his  entire  time  to  the  work 
of  visiting  and  supervising  the  schools  of  the  county 
when  any  of  the  public  schools  are  in  session,  visiting 
all  of  the  schools  of  the  county  as  often  as  possible,  and 
each  of  them  at  least  once  annually.  When  visiting  a 
school,  he  shall  notice  carefully  the  condition  of  the 
school  house,  grounds  and  equipments,  calling  to  the 
attention  of  the  local  trustees  any  apparent  needs  of 
the  school.  He  shall  observe  the  class  work  of  each 
teacher  and,  when  necessary,  give  model  lessons  for  the 
benefit  of  the  teacher.  He  shall  encourage  the  organi- 
zation of  school  improvement  associations,  and  the 
building  up  of  school  libraries,  tie  shall  make,  on 
blanks  furnished  by  the  State  department  of  education, 
monthly  reports  to  the  county  board  of  education,  cov- 
ering fully  and  in  detail  his  work  during  the  preceding 
month,  sending  a  duplicate  report  to  the  superintendent 
of  education  at  Montgomery.    He  shall,  on  or  before  the 


24  PUBLIC    SCHOOL    LAWS    OF   ALABAMA. 

fifteenth  day  of  October  of  each  year,  forward  to  the 
g-uperintendent  of  education,  on  blanks  to  be  furnished 
him  by  the  latter,  an  annual  report  covering  the  work 
of  the  public  schools  in  his  county  for  the  preceding 
year,  Avhich  shall  set  forth  (1)  The  amount  of  school 
money  paid  into  the  hands  of  the  treasurer  of  the  coun- 
ty school  funds  and  from  what  sources;  (2)  The  amount 
disbursed  by  the  treasurer  and  for  what  purpose;  (3) 
What  amounts  of  public  school  funds,  if  any,  passed 
through  his  hands  into  the  hands  of  the  county  treas- 
urer of  the  public  school  funds  and  from  what  sources ; 
and  his  annual  report  shall  supply  whatever  informa- 
tion may  be  called  for  by  the  State  superintendent  of 
education  touching  the  public  schools  of  the  county. 

Sec.  2.  Each  county  superintendent  shall  receive 
four  per  centum  on  all  State  public  money  legally  dis- 
bursed in  his  county  not  to  exceed  the  sum  of  eighteen 
hundred  dollars  for  any  calendar  year ;  provided,  if  the 
county  board  of  education  of  any  county  should,  by  a 
majority  vote  of  the  board,  require  the  full  time  of  the 
county  superintendent  in  the  discharge  of  the  duties  of 
his  office,  the  said  county  board  shall  fix  his  compensa- 
tion on  a  salary  basis  instead  of  a  per  centum  on  dis- 
bursements as  otherwise  provided  in  this  section,  and 
said  salary  shall  be  fixed  at  a  sum  not  less  than  one 
thousand  dollars  per  annum,  payable  in  twelve  equal 
monthly  payments  in  the  same  manner  and  out  of  the 
same  moneys  as  other  teachers  are  paid,  his  name  being 
ydaced  on  the  pay  roll  with  other  teachers.  To  aid  the 
county  superintendent  in  the  discharge  of  his  duties^ 
the  county  board  of  education  may  employ  such  assist- 
ants as  they  may  deem  necessary.  These  assistants 
shall  be  paid  in  the  same  manner  as  other  teachers  of 
the  county  are  paid. 

Sec.  4.  The  provisions  of  this  act  shall  become  effect- 
ive on  the  expiration  of  the  terms  of  the  county  super- 


PUBLIC    SCHOOL   LAWS    OF    ALABAMA.  25 

intendents  noAv  in  office.  All  laws  and  parts  of  laws  in 
conflict  with  the  provisions  of  this  act  be  and  the  same 
are  hereby  repealed. 

Approved  April  8th,  1911. 


No.  487.)  AN  ACT  (H.  243. 

To  provide  for  the  office  of  county  treasurer  of  public 
school  funds  in  the  several  counties  of  Alabama  and  to 
prescribe  the  duties  thereof. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
Ijama,  That  the  county  boards  of  education  of  the  sev- 
eral counties  of  this  State  be  and  they  are  hereby  au- 
thorized to  select  annually  some  suitable  person  in  the 
county  to  act  as  treasurer  of  the  public  school  funds  of 
the  county. 

Sec.  2.  The  said  treasurer  of  the  school  funds  in  each 
county  shall  receive  and  take  charge  of  any  money, 
funds,  property  or  proceeds  of  any  character,  raised  in 
his  county  by  county  taxation,  or  which  may  accrue  to 
him  or  to  the  county  from  any  gift,  grant,  bequest,  de- 
vise, endowment  or  otherwise,  to  be  used  in  aid  of,  or  in 
connection  with,  money  apportioned  to  his  county  from 
the  educational  fund,  and  shall  faithfully  keep  the  same 
separate  and  apart  from  any  other  funds  or  prop- 
erty whatsoever;  and  after  the  county  board  of 
education  shall  have  apportioned  the  public  school 
funds  of  the  county,  as  in  this  code  provid- 
ed, he  shall,  upon  the  certified  payroll  of  the 
county  superintendent  distribute  and  pay  out  the 
money  raised  in  accordance  with  this  subdivision,  but 
all  money,  raised  by  local  taxation  in  any  school  dis- 
trict or  incorporated  city  or  town,  shall  be  expended  for 
the  benefit  of  the  district,  city  or  town  in  which  the 


26        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

money  is  raised,  and  by  such  persons,  and  in  such  man- 
ner, as  are  authorized  by  the  laws  in  force  for  the  con- 
trol and  government  of  public  schools  in  such  district, 
city  or  town. 

Sec.  3.  He  must,  monthly,  on  the  first  Saturday  in 
each  month  of  each  year,  or  as  soon  thereafter  as  prac- 
ticable, pay  the  teachers  of  the  public  schools,  upon  the 
certified  payroll  of  the  county  superintendent  of  educa- 
tion. He  shall  give  bond  in  twice  the  probable  sum  of 
public  school  money  including  any  amounts  of  State 
school  funds  payable  to  him  by  the  State  treasurer 
which  he  may  have  on  hand  at  any  one  time,  said 
amount  of  bond  to  be  fixed  and  approved  by  the  State 
superintendent  of  education. 

Sec.  4.  For  all  money  paid  out  under  the  terms  of 
this  act,  the  said  treasurer  shall  keep  proper  vouchers 
subject  to  the  inspection  of  the  State  examiner  of  ac- 
counts, or  assistant  examiner,  and  he  shall  make  such 
annual  reports  as  may  be  called  for  by  the  State  su- 
perintendent of  education. 

Sec.  5.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby 
repealed. 

Approved  April  18th,  1911. 

Article  10. 
enumeration  or  census  of  school  children. 

1717.  Census  or  enumeration  of  school  children. — 
The  district  trustees  of  each  public  school  district  in 
this  State,  whether  existing  under  general  law  or  cre- 
ated by  special  or  local  law,  and  the  boards  of  education 
or  school  trustees,  or  other  governing  board  or  body,  of 
any  public  school  district,  lying  in  any  incorporated 
town  or  citv  in  this  State,  shall  cause  to  be  made  during 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  27 

the  month  of  July,  1908,  and  every  even-numbered  year 
thereafter,  an  enumeration  of  all  the  children  within 
school  age  residing  in  each  of  said  several  school  dis- 
tricts, and  to  that  end  said  trustees,  or  boards  of  educa- 
tion, or  other  governing  board  or  body,  shall  select  and 
appoint  a  proper  and  competent  person  to  make  such 
enumeration,  on  blanks  to  be  prepared  and  provided  by 
the  superintendent  of  education  of  the  State,  and  such 
person  shall  make  a  report  of  such  enumeration  under 
oath  to  the  county  superintendent  of  education  of  his 
county  by  the  15th  day  of  August  next  succeeding  the 
time  of  the  taking  of  said  census.  The  county  superin- 
tendent shall  then  make  a  written  verified  report  by  dis- 
tricts to  the  superintendent  of  education  of  the  State. 

1718.  Compensation  of  enumerators. — The  court  of 
county  commissioners,  or  board  of  revenue,  or  other 
court  of  like  jurisdiction  for  each  county,  shall  fix  the 
compensation  of  each  of  said  persons  taking  such  school 
census  in  each  district,  no  part  of  which  is  situated  in 
any  incorporated  town  or  city,  and  shall  order  the  same 
paid  to  such  persons  out  of  the  general  funds  in  the 
county  treasury  of  the  county  wherein  such  enumera- 
tions are  made,  and  the  mayor  and  city  council,  or  oth- 
er governing  body,  of  any  municipality  wherein  a  pub- 
lic school  district  is  situated,  in  whole  or  in  part,  shall 
fix  the  compensation  of  the  person  who  shall  take  the 
school  census  in  such  district,  and  shall  order  the  same 
paid  out  of  the  treasury  of  such  town  or  city. 

7755.  False  or  fraudulent  enumeration  of  school 
children;  penMty  for, — Any  person  appointed  to  make 
an  enumeration  of  the  children  within  school  age  of  any 
public  school  district  in  this  State  as  required  by  law, 
who  shall  knowingly  make  a  false  or  fraudulent  enum- 
eration or  report  of  the  number  of  children  within 
school  age  residing  in  such  district,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by 


28  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and  shall  also  be  sentenced 
to  hard  labor  for  the  county  for  not  less  than  six 
months  nor  more  than  twelve  months. 

Article  11. 

teachers;  qualifications^  license^  POWERS;,  AND 
DUTIES   OF. 

1719.  Board  of  examiners. — There  shall  be  constitut- 
ed a  State  board  of  examiners  to  be  composed  of  the 
superintendent  of  education,  who  shall  be  the  president 
of  the  board,  and  two  other  persons,  to  be  appointed  by 
bim,  who  shall  be  teachers  of  extensive  experience  and 
recognized  ability.  The  term  of  office  of  the  said  board 
shall  be  co-equal  with  that  of  the  superintendent  of  ed- 
ucation. 

1720.  {Repealed.) 

Note. — A  copy  of  the  pamphlet  containing  the  rules 
and  regulations  governing  the  examination  of  teachers 
in  Alabama  may  be  secured  by  writing  to  the  superin- 
tendent of  education  at  Montgomery.  A  two-cent  stamp 
should  be  enclosed  to  cover  postage. 

1721.  List  of  questions  prepared. — The  State  board 
of  examiners  shall  prepare  questions  for  the  examina- 
tion of  teachers  and  the  president  of  the  State  board  of 
examiners  shall  cause  lists  of  the  questions  so  prepared 
to  be  printed  and  shall  ten  days  before  the  date  of  each 
examination  send  to  each  person  appointed  to  conduct 
examinations  in  the  counties  of  the  State  a  sufficient 
number  of  the  lists.  The  questions  so  sent  shall  be  en- 
closed in  a  sealed  package  and  the  said  seal  shall  not 
be  broken,  except  as  provided  by  law. 

7750.  stealing  exaifnination  questions,  penalty  for. 
— Any  person  who  purloins,  steals,  buys,  receives,  sells, 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        29 

gives,  or  offers  to  buy,  give,  or  sell  any  examination 
questions  or  copies  thereof  of  any  examination  provided 
by  law  before  the  date  of  examination  for  which  they 
had  been  prepared  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than 
one  hundred  dollars,  and  may  be  sentenced  to  hard  la- 
bor for  the  county  for  not  less  than  six  months. 

1722.  Times  for  examination  of  teachers. — The  third 
Mondays  in  April,  July  and  December  are  appointed 
for  the  examination  of  teachers.  The  examination  may 
be  continued  from  day  to  day  for  three  consecutive  days, 
if  such  continuance  shall  be  necessary  for  the  comple- 
tion of  the  work  of  the  examination,  but  no  examination 
f^hall  be  begun  on  any  other  day  than  the  first  day  men- 
tioned in  this  section.  No  examination  shall  be  held 
at  any  other  time. 

1723.  Temporary  certificates. — The  State  board  of 
examiners  may,  upon  recommendation  of  any  city  su- 
perintendent, town  superintendent  or  chairman  of  any 
board  of  district  trustees  endorsed,  in  each  case,  by  the 
county  superintendent  of  the  county  in  which  the  teach- 
er is  to  be  employed,  grant  a  "temporary  certificate," 
valid  only  in  the  county  designated,  to  any  teacher  who 
at  the  time  of  the  last  preceding  examination  was  not  a 
resident  of  Alabama,  or  who,  at  such  time,  was  prevent- 
ed by  sickness  from  taking  the  examination,  provided 
that  such  person  last  named  shall  be  required  to  fur- 
nish the  certificate  of  a  physician.  All  "temporary  cer- 
tificates" shall  be  valid  only  from  date  of  issue  to  the 
date  on  which  may  be  made  a  final  report  by  the  board 
of  examiners  upon  the  applicants  at  the  next  succeed- 
ing regular  examination.  After  receiving  one  "tempo- 
rary certificate"  no  teacher  shall  receive  a  second  "tem- 
porary certificate"  until  he  shall  have  obtained  at  a 
regular  examination  a  certificate  to  teach  in  the  public 


'30  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

schools  of  this  State.    All  "temporary  certificates"  shall 
be  issued  without  cost. 

1724.  Examinations  in  counties;  by  whom  and  how 
conducted. — The  regular  examination  shall  be  conduct- 
ed in  each  county  by  the  county  superintendent  of  edu- 
cation unless  for  good  and  substantial  reasons  the  State 
board  of  examiners  shall  deem  it  best  to  select  for  their 
service  another  person  appointed  for  that  purpose  by 
the  State  board  of  examiners,  and  if  he  shall  be  unable, 
by  reason  of  sickness  or  other  unavoidable  necessity  to 
conduct  the  same,  then  by  some  other  competent  person 
appointed  for  that  purpose  by  him.  Said  examination 
shall  begin  at  11  o'clock  a.  m.  of  the  day  appointed,  at 
which  hour  the  person  appointed  to  conduct  the  exami- 
nation shall,  in  the  presence  of  the  applicants  for  exam- 
ination, break  the  seal  of  the  envelope  containing  the  list 
of  questions,  and  shall  distribute  the  questions  among 
the  applicants.  All  applicants  shall  undergo  the  ex- 
amination in  the  same  room,  or  in  sight  of  the  person 
appointed  to  conduct  such  examination. 

1725.  Examination  fees. — Each  applicant  for  exam- 
ination shall,  before  entering  upon  the  examination,  de- 
posit with  the  person  appointed  to  conduct  the  examin- 
ation an  examination  fee  as  follows:  An  applicant  for 
a  third  grade  certificate,  a  fee  of  one  dollar;  an  appli- 
cant for  a  second-grade  certificate,  a  fee  of  one  and  one- 
half  dollars;  an  applicant  for  a  first-grade  certificate, 
a  fee  of  two  dollars ;  an  applicant  for  a  life  certificate, 
a  fee  of  three  dollars.  The  fees  received  from  the  exam- 
ination of  teachers  at  regular  examinations  shall  be 
paid  into  the  State  treasury  to  the  credit  of  the  educa- 
tional fund,  and  the  State  auditor  shall,  on  the  requisi- 
tion of  the  superintendent  of  education,  issue  warrants 
on  the  State  treasurer,  to  be  paid  out  of  the  educational 
fund,  for  the  purpose  of  carrying  out  the  provisions  of 
this  article,  such  as  the  payment  of  expenses  for  post- 


PUBLIC    SCHOOL    LAWS    OF   ALABAMA.  31 

age,  for  expressage,  for  clerk  hire,  for  State  board  of 
examiners. 

1726.  Compensation  of  the  appointed  members  of 
the  .State  hoard  of  examiners. — The  secretary  of  the 
State  board  of  examiners  shall  receive  twenty-four  hun- 
dred dollars  per  annum  and  the  other  appointed  mem- 
bers shall  receive  twelve  hundred  dollars  per  annum 
payable  in  equal  monthly  installments  out  of  the  gen- 
eral educational  fund. 

1727.  Compensation  of  examiners. — The  county  su- 
perintendent or  person  appointed  to  conduct  the  exam- 
ination in  each  county  shall  receive  ten  dollars  for  his 
services  in  conducting  each  examination  and  may  be 
allowed  five  dollars  for  each  assistant  employed;  pro- 
vided that  an  assistant  may  be  employed  for  each  fifty 
applicants  or  fraction  thereof  over  and  above  the  first 
fifty  in  any  given  county  Tables  or  desks  shall  be  fur- 
nished by  the  county  superintendent  of  education  to  be 
used  by  the  applicants  on  such  examination;  and  the 
county  superintendent  shall  furnish  to  the  State  super- 
intendent a  sworn  statement  of  the  amount  expended 
therefor,  which  amount  shall  be  paid  from  the  educa- 
tional fund  upon  the  approval  of  the  State  superin- 
tendent. Provided  that  in  no  case  shall  the  amount  al- 
lowed exceed  ten  cents  per  applicant. 

1728.  Teachers  shall  not  receive  assistance  on  exam- 
ination.— Teachers  on  examination  shall  not  be  permit- 
ted to  sit  near  enough  to  one  another  to  read  the  other's 
papers,  and  no  teacher  on  examination  shall  receive 
any  assistance  from  any  other  person,  or  by  reference 
to  any  book,  map,  or  chart,  or  from  any  other  source, 
and  no  person  shall  be  licensed  to  teach  who  shall  en- 
deavor to  procure  any  such  assistance. 

1729.  Statement  signed  hy  teachers. — Each  teacher 
so  examined  .shall,  upon  the  completion  of  his  examin- 


32  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

ation,  sign  a  statement  that  he  or  she  has  not  received 
any  assistance  in  said  examination  from  any  source; 
which  statement  shall  be  kept  on  file  by  the  county  su- 
perintendent of  education. 

1730.  Applicant  must  he  of  good  moral  character, — 
Unless  the  applicant  is  known  to  the  person  appointed 
to  conduct  the  examination  to  be  of  good  moral  charac- 
ter, or  shall  make  satisfactory  proof  of  the  same,  in 
writing,  he  or  she  shall  not  be  admitted  to  the  examin- 
ation. 

1731.  Habitual  use  of  profane  language  or  intoxi- 
cants.— Any  one  who  habitually  uses  profane  language 
or  intoxicants  shall  be  deemed  of  immoral  character. 

1732.  (3576)  (983)  Grades  of  certificates.— There 
shall  be  three  grades  of  teachers'  certificates,  besides 
the  life  certificate,  hereinafter  provided,  to  be  known  as 
certificates  of  the  first,  second  and  third  grades,  each 
of  which  must  show  the  branches  in  which  the  holder 
has  been  examined,  and  his  general  average. 

1733.  (3576)  (983)  Percentage  and  certificate  re- 
quired.— In  no  case  shall  an  applicant  for  a  certificate 
receive  the  same  who  fails  to  answer  fifty  per  cent  of 
the  questions  propounded  in  any  branch,  and  whose 
general  average  is  below  seventy-five  per  cent.  Every 
teacher  in  the  public  schools  must  obtain  a  certificate 
prior  to  his  employment. 

1734.  (3577)  (984)  Branches  of  learning  examined 
upon. — Applicants  for  third  grade  certificates  shall  be 
examined  in  the  following  branches:  Orthography, 
reading,  penmanship,  grammar,  practical  arithmetic, 
United  States  history,  geography,  the  elementary  prin- 
ciples of  physiology  and  hygiene  and  agriculture,  and 
theory  and  practice  of  teaching;  for  second  grade  cer- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  33 

tificates  they  shall  be  examined  in  all  the  foregoing 
branches,  with  additional  requirements  in  arithmetic, 
lii story  of  Alabama,  English  grammar  and  literature, 
intermediate  geography,  United  States  history  and  civ- 
ics and  class  management;  for  the  first  grade  certifi- 
cates, they  shall  be  examined  in  all  the  foregoing 
branches,  and  also  in  algebra,  geometry,  physics,  ele- 
mentary psychology,  the  school  laws  of  Alabama,  and 
advanced  English;  for  life  certificates,  the  history  of 
education. 

1735.  Examinations  shall  he  written;  kind  of  paper 
and  ink  to  he  used. — In  all  examinations  under  this 
article,  the  answers  shall  be  written  on  legal  cap  paper, 
with  pen  and  ink.  The  subject  or  branch  shall  be  plain- 
ly written  at  the  top  of  the  page,  and  the  answers  shall 
be  numbered  to  correspond  with  the  questions. 

1736.  Examination  papers  delivered  to  examiner; 
transmission  to  hoard. — When  an  applicant  shall  have 
completed  his  examination,  he  shall  write  his  name  and 
address  on  each  paper  of  the  same,  and  deliver  the  same 
to  the  person  appointed  to  conduct  the  examination, 
who  shall  enclose  the  papers  of  each  applicant  in  a  sep- 
arate envelope,  together  with  his  certificate  of  the  good 
moral  character  of  the  applicant,  or  the  written  proof 
of  the  same,  on  which  he  admitted  the  applicant  to  ex- 
amination, and  shall  transmit  the  same  to  the  secretary 
of  the  State  board  of  examiners  without  delay. 

1737.  Board  examines  and  grades  papers. — The 
State  board  of  examiners  shall  examine  the  papers  com- 
ing to  it  under  the  provisions  of  the  preceding  section, 
as  expeditiously  as  possible,  and  shall  mark  upon  each 


Note — A  copy  of  the  pamphlet  containing  the  Rules  and  Regula- 
tions governing  the  examination  of  teachers  in  Alabama  may  be  se- 
cured by  writing  to  the  Superintendent  of  Education  at  Montgom- 
ery.   A  two-cent  stamp  should  be  enclosed  to  cover  postage. 

3  SL 


34       PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

paper  the  teacher's  grade  in  that  branch,  according  to 
the  correctness  or  approximate  correctness  of  the  an- 
swers. 

1738.  Certificates  issued. — If,  upon  such  examina- 
tion, it  appears  that  the  applicant  is  entitled  to  receive 
a  certificate,  the  secretary  of  the  board  shall  prepare 
a  certificate  in  conformity  with  this  article.  The  cer- 
tificate shall  be  signed  by  the  secretary  of  the  State 
board  of  examiners  and  the  superintendent  of  educa- 
tion, and  shall  be  transmitted  to  the  teacher  entitled 
to  the  same. 

1739.  Examination  papers  kept  on  file  six  months. — 
All  examination  papers  shall  be  kept  on  file  in  the  office 
of  the  superintendent  of  education  subject  to  public  in- 
spection for  six  months. 

1740.  (3579)  (985)  Lifetime  of  certificates.— Certif- 
icates  granted  under  the  provisions  of  this  article  shall 
entitle  the  holder  to  teach  in  the  public  schools  of  any 
county  in  this  State  for  the  following  periods  of  time: 
A  third-grade  certificate,  two  years;  a  second-grade  cer- 
tificate, four  years;  and  a  first-grade  certificate,  six 
years  from  the  date  of  issuance  of  the  same- 

1741.  Life  certificates. — Whenever  any  teacher  ap- 
plying for  a  certificate  shall  make  proof  that  he  has 
been  engaged  for  five  years  in  teaching  under  a  first- 
grade  certificate,  which  proof  the  county  superintend- 
ent of  education  shall  transmit  to  the  State  board  of 
examiners,  and  shall  show  a  high  degree  of  proficiency 
and  professional  attainment,  such  teacher  may  be 
granted  a  life  certificate  signed  as  prescribed  for  other 
certificates. 

1742.  (Repealed.) 

1743.  Revoking  certificates. — The  superintendent  of 
education  shall  revoke  the  certificate  of  anv  teacher  who 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  35 

shall  be  guilty  of  immoral  conduct  or  unbecoming  or  in- 
decent behavior. 

1744.  Register  of  licensed  teachers. — The  secretary 
of  the  State  board  of  examiners  shall  keep  a  register  of 
all  teachers  examined  and  licensed  under  this  article^ 
showing  the  name  and  postoffice  address  of  each  teacher 
and  the  date  and  grade  of  his  certificate,  and  shall  keep 
the  same  on  file  in  the  office  of  the  superintendent  of 
education,  and  shall  devote  his  time,  when  not  engaged 
in  the  work  of  examining  teachers,  to  clerical  work  in 
the  department  of  education. 

1745.  Separate  districts. — The  provisions  of  this  ar- 
ticle shall  not  be  construed  as  to  prohibit  separate 
school  districts  of  two  thousand  inhabitants  or  more, 
having  authority  at  present  by  their  charter  to  examine 
teachers,  to  further  examine  teachers  who  have  certifi- 
cates granted  under  this  article. 

1746.  (3578)  Instruction  as  to  the  nature  of  alco- 
holic drinks  and  narcotics. — Every  teacher  shall  give 
instruction  as  to  the  nature  of  alcoholic  drinks,  tobacco,, 
and  other  narcotics,  and  their  effect  upon  the  human 
system,  and  such  subject  shall  be  taught  as  regularly 
as  any  other  in  the  public  schools. 

1747.  Teaching  agriculture  in  public  schools. — In 
addition  to  the  branches  now  taught  in  the  public 
schools,  instruction  shall  be  given  in  the  elementary 
principles  of  agriculture,  and  said  subject  shall  be 
taught  as  regularly  as  other  branches  are  taught  in  said 
schools,  by  the  use  of  a  text-book  in  the  hands  of  the 
pupils,  and  such  instruction  shall  be  given  in  all  the 
public  schools  of  the  State. 

1748.  (3580)  (986)  Register  kept  by  teacher  and 
submitted. — Every  teacher  of  a  public  school  must  keep 
a  register  of  the  actual  daily  attendance  of  the  pupils^ 


^g         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

in  his  school,  and  must  submit  such  register  to  the  dis- 
trict trustees  for  their  inspection. 

1749.  (3581)  (987)  Monthly  report;  not  entitled  to 
compensation  until  forwarded, — Every  teacher  of  a  pub- 
lic school  must,  within  five  days  after  the  end  of  each 
scholastic  month,  forward  to  the  county  superintendent 
-of  education  a  complete  report,  setting  forth  the  enroll- 
ment, attendance,  the  branches  taught,  and  the  number 
of  pupils  in  each,  distinguishing  between  the  boys  and 
the  girLs,  and  stating  whether  a  white  or  colored  school ; 
-also  the  number  of  days  taught,  the  amount  due  for  ser- 
vices from  school  revenues  of  the  district,  the  number 
of  visits  by  district  trustees,  and  the  name  and  post- 
office  address  of  the  teacher;  and  such  report  must  be 
sworn  to  by  the  teacher  before  some  one  of  the  district 
trustees,  and  approved  by  them;  and  no  teacher  can 
draw  any  pay  for  the  services  rendered  by  him  until  he 
has  forwarded  his  report  in  accordance  with  the  re- 
quirements of  this  section. 

1750.  (3582)  (988)  To  he  paid  monthly.— The  t^ach- 
i3rs  of  public  schools  shall  be  paid  monthly,  as  provided 
in  this  chapter. 

CRIMINAL    PROVISIONS    OF    PUBLIC    SCHOOL 

LAW. 

6413.  Injuring  or  defacing  public  or  private  build- 
ings^ or  fences  thereof. — Any  person  who  willfully  in- 
jures or  defaces  any  church,  or  schoolhouse,  or  building 
belonging  to  the  State,  or  to  any  county,  city,  town,  or 
person,  or  writes  or  draws  figures,  letters,  or  characters 
on  the  walls  thereof,  or  on  the  fences  or  in  closures 
thereof,  must,  on  conviction,  be  fined  not  less  than  ten 

[Schoolmaster  stands  in  loco  parentis  and  may,  m  a  proper  case, 
inflict  corporal  punishment;  but  is  criminally  liable  for  an  abuse 
of  his  authority. — Boyd  v.  State,  88  Ala.  169;  McCormack  v.  State, 
102     Ala.  156.] 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       37 

nor  more  than  one  hundred  dollars,  and  may  also  be 
imprisoned  in  the  county  jail,  or  sentenced  to  hard  la- 
bor for  the  county,  for  not  more  than  three  months ;  and 
the  fine  goes  to  the  injured  party.  It  shall  not  be  nec- 
essary to  aver  or  prove  the  ownership  of  any  church  or 
schoolhouse  in  prosecutions  under  this  section. 

6769.  Disturbing  people  met  for  school  purposes  or 
holiday. — Any  person  who  willfully  disturbs  any  school,, 
or  other  assemblage  of  people,  met  for  any  lawful  pur- 
pose, or  for  amusement  or  recreation  on  a  holiday  for 
a  school,  must,  on  conviction,  be  fined  not  less  than  five 
nor  more  than  fifty  dollars. 

6834.  Embezzlement  by  using  school  money  for  other 
than  school  purposes. — Any  person  into  whose  hands, 
or  under  whose  control,  any  of  the  public  school  money 
may  come,  who  uses  or  permits  the  use  of  the  same,  or 
any  part  thereof,  except  for  purposes  of  the  public 
schools,  and  in  accordance  with  the  law  regulating  the 
public  schools,  and  providing  for  the  disbursement  of 
the  public  school  money,  is  guilty  of  embezzlement,  and,, 
on  conviction,  must  be  punished  as  if  he  had  stolen  it. 

6897.  Shooting^  throtcing  missiles  into,  etc.,  dwelling 
and  other  houses. — ^Any  person  who  shoots  a  pistol  or 
other  firearm  or  slingshot,  or  who  throws  a  stone  or 
other  missile  at,  into,  in,  through,  or  against  a  dwelling 
house,  school  house,  church  building,  factory  storehouse, 
courthouse  or  house  or  building  used  for  manufacturing 
purposes,  or  any  house  or  building  used  for  the  assem- 
blage of  people  for  business  or  pleasure,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
fined  not  more  than  one  thousand  dollars,  and  may  be 
sentenced  to  hard  labor  for  the  county  for  not  longer 
than  twelve  months. 

7750.  Stealing  examination  questions,  penalty  for. 
— Any  person  who  purloins,  steals,  buys,  receives,  sells,. 


38         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

gives,  or  offers  to  buy,  give,  or  sell  any  examination 
questions  or  copies  thereof  of  any  examination  provided 
by  law  before  the  date  of  the  examination  for  which 
they  had  been  prepared  shall  be  guilty  of  a  misdemean- 
or, and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  one  hundred  dollars,  and  may  be  sentenced  to  hard 
labor  for  the  county  for  not  less  than  six  months. 

7751.  Use  of  other  them  contract  hooks  in  public 
schools. — Any  teacher  who  shall  use  or  permit  to  be 
used  in  his  or  her  school  any  text-book  upon  the 
branches  for  which  text-books  are  adopted,  where  the 
commission  has  adopted  a  book  upon  the  branch,  other 
than  the  one  so  adopted,  except  supplementary  books, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

7752.  Charging  more  than  contract  price  for  school 
books. — Any  local  agent,  dealer,  clerk,  or  other  person 
handling  or  selling  the  books  adopted  as  school  text- 
books, who  shall  demand  or  receive  for  any  copy  of  any 
of  the  books  so  adopted  more  than  the  contract  price,  in 
cases  where  the  purchase  is  for  cash,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  for  each  of- 
fense be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  five  hundred  dollars. 

7753.  Text-hook  provisions;  violation  of,  penalty. — 
Any  person  or  teacher  violating  the  provisions  of  article 
18  of  chapter  41  of  this  code  as  to  text-books,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dol- 
lars. 

7754.  Schoolhouse  warrants  or  proceeds,  wrongful 
application  of;  penalty. — Any  person  who  shall  know- 
ingly use  or  apply  or  authorize  the  use  or  application 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       39 

^of  the  proceeds,  or  any  part  thereof,  of  any  warrant  de- 
livered to  him  under  article  31  of  chapter  41  of  this 
code,  for  the  purpose  or  objects  other  than  as  required 
hy  said  articles,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  fined  not  less  than  two  hundred 
dollars  nor  more  than  one  thousand  dollars,  and  may 
also  be  imprisoned  in  the  county  jail  or  sentenced  to 
hard  labor  for  the  county  for  not  more  than  six  months. 

7755.  False  or  fraudulefi\t  enumeration  of  school 
^children;  penalty  for. — Any  person  appointed  to  make 
an  enumeration  of  the  children  within  school  age  of  any 
public  school  district  in  this  State  as  required  by  law, 
who  shall  knowingly  make  a  false  or  fraudulent  enum- 
eration or  report  of  the  number  of  children  within 
school  age  residing  in  such  district,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and  shall  also  be  sentenced  to 
hard  labor  for  the  county  for  not  less  than  six  months 
nor  more  than  twelve  months. 


ARTICLE  13. 

Children  and  Pupils  Eligible  to  Public  Schools. 

1755.  (3595)  (1000)  Pupils  entitled  to  instruction 
in  public  schools. — Every  minor  over  the  age  of  seven 
years  shall  be  entitled  to  admission  into,  and  instruc- 
tion in  any  public  school  of  his  or  her  own  race  or  color 
in  this  State. 

1756.  (3597)  When  nonresidents  entitled  to  school 
privileges. — Any  parent  or  guardian  residing  within  the 
State  who  shall  pay  a  local  or  special  tax  on  real  estate 
valued  at  five  hundred  dollars  or  more,  in  any  city  or 


40         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

school  district,  shall  be  entitled  to  the  privileges  and 
benefits  of  the  public  schools  in  such  city,  or  school  dis- 
trict, for  their  children,  the  same  as  parents  and  guard- 
ians resident  therein.  The  provisions  of  the  charter  of 
any  municipality,  or  separate  school  district,  in  conflict 
herewith,  are  expressly  repealed. 

1757.  (3600)  (1003)  Separate  schools  for  the  two 
races. — In  no  case  shall  it  be  lawful  to  unite  in  one 
school  children  of  the  white  and  colored  races. 


AKTICLE  14. 

Examinations  in  Public  Schools. 

1758.  (3599)  1002)  Public  examinations y  and  cer- 
tificates to  pupils. — Public  examinations  must  be  held 
in  the  public  schools  at  least  once  in  every  year;  and 
when  the  board  of  education  shall  be  satisfied  that  any 
pupil  has  become  thoroughly  educated  in  all  the 
branches  of  free  instruction  in  any  one  of  such  schools,, 
they  shall  give  to  him  or  her  a  certificate  to  that  effect. 


AKTICLE  15. 

Scholastic  Periods. 

1759.  (3598)  (1001)  Scholastic  periods.— The  scholas- 
tic year  shall  begin  on  the  first  day  of  October  of  each 
year,  and  end  on  the  thirtieth  day  of  September  of  the 
following  year;  twenty  days  shall  constitute  a  school 
month,  and  a  school  day  shall  be  not  less  than  six 
hours. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       4I 

AETICLE  16. 

Apportionment  of  School  Fund;  Disbursement- 

1760.  (3601)  (1004)  State  amditor  certifies  amount 
of  educational  fund;  superintendent  apportions. — On 
the  first  day  of  October  of  each  year,  or  as  soon  there- 
after as  practicable,  the  State  auditor  shall  certify  to 
the  superintendent  of  education  the  amount  of  money 
which  has  accrued  and  been  placed  by  him  to  the  credit 
of  the  educational  fund  for  the  scholastic  year  com- 
mencing on  that  day,  stating  specifically  the  amount  de- 
rived from  each  source,  and  any  unexpended  balance 
there  may  be  from  the  appropriation  of  the  previous 
year  to  be  carried  forward ;  and  the  amount  so  certified 
shall  be  apportioned  by  the  superintendent  of  educa- 
tion, and  be  drawn  and  disbursed  as  provided  by  law. 

1761.  (3602,  3605)  (1005,  1008)  Contingent  ex- 
penses and  amount  for  normal  schools  set  apart;  resi- 
due apportioned. — As  soon  as  such  certificate  is  receiv- 
ed by  the  superintendent  of  education,  he  shall  set 
apart  the  following  amounts  for  normal  schools,  to-wit : 
For  the  normal  schools  at  Florence,  Troy,  Jacksonville 
and  at  Livingston,  twenty  thousand  dollars  each;  and 
for  the  normal  schools  at  Moundville  and  Daphne,  five 
thousand  dollars  each;  and  for  other  normal  schools, 
such  sums  as  are  provided  by  law,  and  he  shall  then  ap- 
portion all  the  remainder  of  such  funds,  as  far  as  prac- 
ticable, among  the  several  counties  in  the  State  in  pro- 
portion to  the  number  of  school  children  of  school  age 
therein,  according  to  the  latest  returns  of  enumeration 
of  school  population  of  the  counties  which  have  been 
made  to  his  office,  but  if  such  enumerations  have  not 
been  made  as  provided  by  law,  or  have  not  been  report- 
ed to  him  by  the  county  superintendent  of  education, 
and  the  superintendent  of  education  has  not  caused  a 
new  enumeration  to  be  made,  he  shall  then  apportion  to 


42        ■  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

each  county  according  to  the  best  information  he  can 
obtain  of  the  entire  number  of  children  of  school  age  in 
such  counties,  but  in  no  event  shall  he,  in  case  of  such 
failure  to  enumerate  or  report  all  the  children  of  school 
age  in  the  respective  counties,  estimate  the  school  pop- 
ulation of  any  county  at  more  than  the  last  official  re- 
port to  his  office. 

1762.  (863)  (1006)  Amounts  apportioned  certified 
to  auditor;  no  warrants  drawn  in  excess;  balance  un- 
apportioned  certified  to  treasurer. — As  soon  as  such 
amounts  have  been  set  apart,  and  such  apportionment 
has  been  made,  the  superintendent  of  education  shall 
certify  to  the  State  auditor  the  amount  set  apart  for 
each  particular  purpose  or  appropriation,  and  the  total 
amount  of  the  apportionment  to  the  several  counties, 
and  the  State  auditor  shall  see  that  no  warrants  are 
drawn  against  the  educational  fund,  for  any  purpose, 
for  any  amount  in  excess  of  the  amounts  so  certified  as 
set  apart  and  apportioned;  and  he  shall  certify  to  the 
State  treasurer  the  amount  of  the  school  revenue,  ex- 
clusive of  poll  tax,  unapportioned  by  the  superintend- 
ent of  education,  and  the  treasurer  shall  set  apart  the 
amount  out  of  any  money  received  from  the  taxes  of  the 
current  year,  and  he  shall  keep  the  same  separate  and 
apart  from  all  other  revenues,  and  shall  not  pay  out  any 
of  such  money  except  upon  warrants  for  school  pur- 
poses. 

1763.  Superintendent  must  certify  and  report 
amount  of  school  fund  apportioned  to  the  several  coun- 
ties to  the  county  superintendents  of  education. — As 
soon  as  practicable  after  the  superintendent  of  educa- 
tion has  apportioned  to  the  several  counties  the  amount 
of  school  funds  in  proportion  to  the  number  of  school 
children  of  school  age  therein,  he  shall  certify  and  re- 
port the  amount  to  the  respective  county  superintend- 
ents of  education,  or  to  the  county  board  of  education 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  43 

in  case  there  is  no  county  superintendent  of  education, 
taking  their  receipts  for  such  amounts  so  certified. 

1764.  (3604)  (1007)  Interest  on  sixteenth-section  or 
other  trust  fund  first  set  apart;  effect  of  apportionment. 
— In  making  the  apportionment  of  school  money  to 
the  several  districts,  the  superintendent  of  education 
shall  first  set  apart  to  each  township  or  other  school  dis- 
trict the  amount  due  from  the  State  thereto  as  interest 
on  its  sixteenth-section  fund,  or  other  trust  fund  held 
by  the  State;  and  all  townships  or  school  districts,  hav- 
ing an  income  from  such  source,  or  from  the  lease  or 
sale  of  sixteenth-section  lands,  shall  not  receive  any- 
thing out  of  the  balance  of  the  educational  fund  to  be 
apportioned,  until  all  other  townships  or  school  dis- 
tricts, having  no  trust  fund  shall  have  received  from 
the  general  fund  such  amount  as  will  give  then  an  equal 
per  capita  apportionment  with  the  townships  or  dis- 
tricts having  such  income. 

1765.  Apportionment  of  school  funds  to  school  dis- 
tricts of  the  several  counties. — As  soon  as  practicable 
after  the  superintendent  of  education  has  apportioned 
the  school  funds  to  the  several  counties  and  has  certi- 
fied the  same  to  the  county  superintendents  of  educa- 
tion, the  county  boards  of  education  shall  apportion  the 
funds  awarded  to  their  county  to  the  several  school  dis- 
tricts in  their  counties,  so  as  to  provide,  as  nearly  as 
practicable,  school  terms  of  equal  duration  in  such 
school  districts. 

1766.  Report  of  apportionment  hy  county  hoards  of 
education  to  superintendent  of  education. — As  soon  as 
practicable  after  the  county  boards  of  education  have 
apportioned  the  school  funds  of  their  county  for  any 
scholastic  year  to  the  several  school  districts,  they  shall 
report  in  writing  their  proceedings  to  the  superintend- 


44         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

ent  of  education,  showing  the  amounts  apportioned  to 
the  several  school  districts. 

1767.  County  hoards  must  keep  record  of  apportion- 
ment.— County  boards  of  education  must  keep  a  record 
of  each  and  every  apportionment  of  school  funds  of 
their  counties  to  the  several  school  districts. 

1768.  (3606)  (1009)  Apportionment  recorded,  and 
certified  to  county  superintendents;  when  contracts  for 
schools  invaUdL — ^As  soon  as  such  apportionment  is 
completed,  the  superintendent  of  education  shall  have 
the  same  recorded  in  his  office,  in  books  kept  for  that 
purpose,  showing  the  amount  which  has  been  appor- 
tioned to  each  district,  and  the  sources  from  which  the 
same  was  derived,  the  amount  to  each  district,  and  the 
number  of  children  in  the  district  upon  which  the  ap- 
portionment was  based;  and  he  shall  then  furnish  to 
each  county  superintendent  of  education  a  certified 
copy  from  such  books,  showing  the  dividends  of  the  ed- 
ucational fund  to  each  township  or  district  under  the 
latter's  supervision ;  and  the  amount  so  divided  and  cer- 
tified shall  be  the  total  amount  which  each  of  said 
school  districts  shall  be  entitled  to  receive  from  the 
State,  except  the  poll  tax,  during  the  current  scholastic 
year;  and  no  contract  to  pay  any  school  or  schools,  for 
any  district  more  than  the  amount  thus  apportioned  to 
it,  together  with  such  poll  tax  as  it  may  receive,  and 
such  funds  as  may  be  in  hand  from  any  previous  year, 
shall  be  valid  against  the  State  or  township. 

1769.  (3607)  (1010)  Poll  taop  received  hy  each  county, 
— Each  county  shall  receive  as  school  money  all  the 
poll  tax  collected  therein;  and  the  same  shall  be  its  full 
distributive  share  of  the  aggregate  poll  tax  collected  in 
this  State. 

(See  Section  2199  of  the  Code.) 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       45 

1770.  (3609)  (1012)  Amounts  due  each  county  ap- 
portioned and  certified  to  auditor. — The  superintendent 
of  education  shall,  by  the  tenth  day  of  October  in  each 
year,  or  as  soon  thereafter  as  practicable,  apportion  to 
every  county  the  amount  of  school  money  such  county 
will  be  entitled  to  receive  for  the  scholastic  year  from 
all  sources  except  such  special  tax,  if  any,  levied  for 
school  purposes  in  any  county ;  and  he  shall  certify  the 
same  to  the  State  auditor. 

1776.  (3617)  (1016)  Apportionment  and  expendi- 
ture of  local  school  money. — All  local  school  funds 
raised  for  the  support  of  public  schools  by  taxation  or 
otherwise  shall  be  apportioned  and  expended  in  the  dis- 
trict or  districts  or  counties  in  which  the  same  were 
raised,  under  such  rules  and  regulations  as  the  district 
trustees,  or  other  local  authority  provided  by  law,  may 
prescribe;  but  this  section  shall  not  be  construed  to 
repeal  any  provision  for  the  apportionment  and  dis- 
bursement of  moneys  mentioned  in  this  chapter,  or  pro- 
vided for  in  special  or  local  laws;  and  all  funds  con- 
tributed by  persons,  or  otherwise,  to  such  district,  shall 
be  applied  as  indicated  in  the  grant  from  such  contrib- 
utors; and  no  school  moneys  distributed  to  the  various 
<!Ounties  from  the  State  school  revenue  shall,  either  di- 
rectly or  indirectly,  be  paid  for  the  erection  of  school- 
houses,  for  the  use  of  schoolroom  furniture,  or  any 
■other  contingent  expenses  of  schools. 

1777.  (3618)  (1017)  Apportionment  of  income  from 
trust  fund  when  township  divided. — Whenever  a  town- 
ship or  district  which  has  an  income  from  a  trust  fund 
is  divided  by  a  State  or  county  line,  or  otherwise,  into 
separate  districts,  or  includes  a  city  which  is  a  separate 
school  district,  such  income  must  be  divided  between 
and  apportioned  to  each  school  district  in  such  town- 
ship or  district,  according  to  the  school  population  of 
each. 


46         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1778.  (3620)  (1019)  Fund  once  apportioned,  not 
used  for  other  purposes  until  reapportioned. — Funds 
which  have  accrued  and  have  been  apportioned  to  any 
district  or  race  shall  not  be  used  for  the  benefit  of  any 
other  district  or  race  until  the  same  shall  have  been  re- 
apportioned under  the  provisions  of  this  code. 

1779.  (3621)  (1020)  What  part  of  income  new  dis- 
tricts are  entitled  to. — Whenever  any  separate  school 
district  is  created,  which  shall  embrace  parts  of  two  or 
more  districts,  such  district  shall  receive  its  proportion- 
ate share  of  the  income  from  any  trust  fund  belonging 
to  either  or  both  of  such  districts,  according  to  its  school 
population. 

1780.  (3622)  (1021)  Contingent  fund  for  depart- 
ment of  education. — The  State  treasurer  shall  annually 
set  apart,  out  of  any  money  in  the  treasury,  the  some  of 
three  thousand  dollars  as  a  contingent  fund  for  the  de- 
partment of  education;  and  whenever  it  shall  become 
necessary  to  draw  on  such  fund,  the  superintendent  of 
education  shall  certify  the  amount  necessary,  and  for 
what  purpose,  to  the  auditor,  who  shall  draw  his  war- 
rant on  the  treasurer  for  such  amount.  The  superin- 
tendent of  education  shall  keep  an  accurate  account  of 
all  sums  which  he  shall  certify  to  be  paid  out  of  such 
contingent  fund,  and  shall  furnish  an  itemized  state- 
ment thereof  to  the  governor  ea^h  year,  with  his  an- 
nual report.  Out  of  this  fund  the  superintendent  of 
education  shall  also  provide  plans,  specifications  and 
blue  prints  for  the  use  of  such  rural  school  districts  as 
may  desire  to  erect,  with  State  aid,  new  school  build- 
inc:s. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       47 

ARTICLE  17. 
School  Lands;  Lease  and  Sale. 

178L  (3625)  (1023)  (962)  (575)  (501)  What  are 
school  lands,  and  in  whom  vested. — School  lands,  with- 
in the  meaning  of  this  code,  are  sections  numbered  six- 
teen, in  every  township  granted  by  the  United  States 
for  the  use  of  schools  in  the  township,  and  such  other 
lands  as  may  have  been  granted  to  any  township  or  dis- 
trict for  the  use  of  schools;  and  all  school  lands  are 
vested  in  the  State  in  trust  to  execute  the  objects  of  the 
grant. 

(Note. — This  article  makes  sales  of  sixteenth  section 
and  indemnity  lands  uniform.) 

1782.  (3661)^aZe  of  school  and  indemnity  la/itjds  om- 
thorized. — The  superintendent  of  education  is  author- 
ized and  empowered  to  sell  and  dispose  of  all  school 
lands,  together  with  those  which  have  been  heretofore 
or  may  hereafter  be  certified  to  the  State  for  the  use 
and  benefit  of  the  several  townships  or  districts  in 
which  was  a  deficiency  in  the  amount  of  land  originally 
certified  to  the  State  for  their  benefit,  subject  to  the 
approval  of  the  governor. 

1783.  Consent  of  inhahitdnts  of  township  or  district 
to  sale  of  land, — No  school  lands,  except  indemnity 
lands,  shall  be  sold  without  the  consent  of  the  inhabi- 
tants of  the  township  or  district  in  which  such  lands  are 
located.  Said  consent  to  be  obtained  and  shown  by  a 
petition  in  writing  addressed  to  the  superintendent  of 
education  requesting  and  consenting  to  the  sale  of  such 
lands  signed  by  a  majority  of  the  legally  qualified  vot- 
ers of  the  township  or  district,  which  petition  must  be 
verified  by  the  affidavit  of  at  least  three  of  the  signers, 
that  a  majority  of  the  inhabitants  of  the  township  or 
district  in  which  the  lands  are  situated  desire  a  sale 


48         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

thereof  and  that  the  persons  making  and  signing  said 
petition  constitute  a  majority  of  the  qualified  electors 
residing  in  said  township  or  district. 

1784.  (3646)  (1044)  (986)  (607)  (537)  Resale  of 
lands — If  any  purchaser  fails  to  make  the  payment,  or 
give  his  notes  with  approved  securities,  and  secured  by 
a  mortgage  on  the  land,  as  required,  the  land  bid  off 
by  him  must  be  immediately  resold,  if  practicable,  but 
if  not  practicable  to  make  the  resale  at  once,  it  must  be 
resold  at  a  future  day,  as  if  no  sale  had  been  made ;  and 
the  first  purchaser  shall  be  responsible  for  the  differ- 
ence between  his  bid  and  the  amount  for  which  the  land 
is  subsequently  sold,  if  such  amount  is  less  than  the  bid 
of  such  first  purchaser. 

1785.  (3662)  Proceeds  of  sale;  hom  disposed  of. — 
The  proceeds  arising  from  such  sales,  after  the  payment 
of  all  proper  costs  and  expenses  thereof,  shall  be,  by  the 
superintendent  of  education,  paid  into  the  State  treas- 
ury to  the  credit  of  the  counties,  townships,  or  school 
districts  to  which  the  same  may  belong  in  the  propor- 
tion of  their  interest  therein,  so  as  to  carry  out  the  ob- 
ject and  purposes  of  the  original  grants,  gifts,  or  laws 
by  which  such  lands  were  acquired  for  school  purposes, 
as  nearly  as  practicable  under  the  existing  school  laws. 

1786.  (3663)  'Notes  taken  by  superintendent  of  edu- 
cation held  until  paid;  when  placed  with  the  attorney 
general. — All  notes  taken  by  the  superintendent  of  edu- 
cation for  the  purchase  of  such  lands  must  be  secured 
by  mortgage  and  must  be  held  by  him  until  the  same  are 
due,  and  if  not  then  paid,  may  be  placed  with  the  attor- 
ney-general for  collection. 

1787.  (3664)  Manner  and  terms  of  sale. — Such  sales 
may  be  made  from  time  to  time,  at  public  or  private 
sale,  as  in  the  judgment  of  the  superintendent  of  edu- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        49 

nation  shall  best  promote  the  interest  of  the  school  fund 
of  the  State,  and  shall  be  for  cash,  or  part  cash  and  part 
on  time,  as  the  superintendent  of  education  and  the 
governor  may  deem  best;  but  in  no  case  shall  there  be 
less  than  one-fourth  of  the  purchase  money  paid  in  cash, 
and  the  remainder  shall  be  payable  in  yearly  install- 
ments to  extend  over  a  period  of  not  more  than  three 
years,  and  shall  be  secured  by  notes  with  sureties  and 
by  mortgage  on  the  land  to  be  approved  by  the  super- 
intendent of  education,  and  shall  bear  interest  from  the 
date  of  the  sale. 

1788.  (3626)  (1025)  (967)  (588)  (519)  Timber  lots 
reserved^-The  superintendent  of  education  may  select 
such  lots  as  he  thinks  proper,  to  reserve  from  culti- 
vation for  the  benefit  of  the  timber  thereon,  and  must 
mark  the  same  "reserved"  on  the  plat  thereof. 

1789.  (3631)  (1030)  (972)  (593)  (524)  Timber  Jots: 
Jiow  uHed — The  lots  reserved  for  timber  are  for  the  com- 
mon benefit  of  the  lessees  of  the  other  lots ;  but  no  tim- 
ber must  be  cut  down,  injured,  or  destroyed,  as  long- 
as  there  is  sufficient  on  the  other  lots,  which  the  super- 
intendent of  education  is  to  determine;  and  the  lessees 
must  in  no  case  cut  down,  injure,  or  destroy  such  tim- 
ber without  permission  from  the  superintendent  of  edu- 
cation, which  may  be  given  on  such  terms  as  he  may 
think  proper,  having  due  regard  to  the  interest  of  the 
township  or  district. 

1790.  (3632)  (1031)  (973)  (594)  {^2^)  Penalty  for 
injuries  to  timber. — Any  person  Avho,  without  authority 
cuts  down,  boxes,  injures,  or  destroys  any  tree  on 
school  lands  shall  forfeit  and  pay  for  every  such  tree 
ten  dollars,  to  be  recovered  before  any  court  having 
jurisdiction,  in  the  corporate  name  of  the  township,  or 
the  school  district  in  which  such  lands  are  located. 

4  SL 


50  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1791.  (3633)  (1032)  (974)  (595)  (526)  Fines  paid 
into  treasury  for  school  fund. — All  fines  and  forfeitures 
under  the  preceding  section  shall  be  paid  into  the  State 
treasury,  and  added  to  the  principal  sum  of  the  school 
fund  of  the  township. 

1792.  (3647)  (1045)  (987)  (608)  (538)  Certificate 
purchase. — ^The  superintendent  of  education,  on  receiv- 
ing from  the  purchaser  the  cash  payment,  and  his  notes 
and  mortgages  for  the  deferred  payments,  must  give  to 
him  a  certificate  of  purchase,  describing  the  lands  pur- 
chased, and  showing  the  number  of  acres  and  the 
amount  of  the  purchase  money. 

1793.  (3648)  (1046)  (988)  (609)  (539)  Effect  of 
certificate  of  purchase. — Such  certificate  conveys  to  the 
purchaser,  his  heirs,  or  assigns,  a  conditional  estate  in 
fee,  to  become  absolute  on  the  payment  of  the  purchase 
money  and  interest,  and  to  revert  to  the  State  for  the 
uses  originally  granted  in  the  following  cases: 

1.  When  all  the  notes  have  become  due,  and  the 
makers  have  left  the  State  or  died  insolvent. 

2.  When  a  recovery  on  such  notes  is  defeated  by  any 
defense  avoiding  the  contract  of  sale. 

3.  When  a  recovery  is  had  against  all  the  makers, 
and  execution  has  been  returned  ''no  property''  by  the 
proper  oflficer  of  the  county  in  which  the  township  or 
district  lies;  or  when  judgment  is  had  and  execution  re- 
turned against  any  one  or  more  of  such  makers  "no 
property,"  and  the  others  have  left  the  State,  or  died 
insolvent. 

1794.  (3649)  (1047)  (989)  (610)  (540)  Revesting 
of  title;  clerk  to  certify  facts;  penalty  for  failure;  costs. 
— No  proceeding  is  necessary  to  revest  the  title  in  the 
State  on  the  happening  of  the  events  specified  in  the 
preceding  section,  but  such  lands  may  be  recovered  in 
the  name  of  the  State,  for  the  use  of  the  township  or 


PUBLIC  SCHOOL  I-AWS  OF  ALABAMA.  51 

district,  against  any  person  in  possession  of  the  same, 
upon  proof  of  the  facts ;  and  it  is  the  duty  of  the  clerk 
of  the  court  in  which  the  suit  is  pending,  or  the  judg- 
nient  recovered,  to  certify  the  facts  to  the  superintend- 
ent of  education,  on  the  happening  of  the  events  speci- 
fied in  the  second  and  third  subdivisions  of  the  preced- 
ing section,  and  failing  to  do  so  within  a  reasonable 
time,  he  forfeits  the  sum  of  one  hundred  dollars;  one- 
half  to  the  person  suing  for  the  same,  and  the  other  to 
the  State  for  the  use  of  the  township  or  district.  When 
no  money  is  recovered  in  suits  on  notes  for  purchase 
money  of  school  lands,  no  costs  must  be  taxed  against 
the  township  or  district  for  such  suits. 

1795.  (3651)  (1049)  (991)  (613)  (543)  Fines  to  go 
school  fund. — The  amount  received  by  the  State  upon 
recoveries  had  under  the  last  preceding  section  is  to  be 
added  to  the  principal  of  the  school  fund  of  the  town- 
ship or  district 

1796.  (3652)  (1050)  (992)  (614)  (544)  Patents.— 
A  patent  issues,  on  the  payment  of  the  purchase  money, 
to  the  purchaser,  his  heirs,  or  assigns;  and  when  the 
patent  is  to  the  heirs,  it  vests  a  title  in  all  persons  en- 
titled to  claim  in  that  capacity  under  the  provisions  of 
this  code. 

1797.  (3653)  (1051)  (993,  996)  (615,  616)  Issue  of 
patent  hy  secretary  of  State;  correction  of  mistake. — 
The  secretary  of  State  must  issue  patents,  upon  satis- 
factory evidence  furnished  him  of  full  payment  of  pur- 
chase money,  to  any  person,  agent,  or  other  officer  legal- 
ly authorized  to  receive  such  payment;  and  upon  proof 
of  a  mistake  in  the  issue  of  any  patent,  he  must  correct 
the  same  or  issue  a  new  patent  on  the  return  of  the 
original  to  his  office. 

1798.  (3654)  (1052)  (995)  (617)  (545)  Issue  of 
patents  in  other  cases. — Except  under  the  provisions  of 


52         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

the  preceding  sectioD,  no  patent  must  issue  without  the 
certificate  of  the  superintendent  of  education  that  the 
whole  amount  of  the  purchase  money  specified  in  the 
certificate,  Avith  all  interest  thereon,  has  been  paid. 

1799.  (3655)  (1053)  (998)  Collection  of  past  due 
notes. — All  notes  for  school  lands  held  by  or  deposited 
with  the  superintendent  of  education,  if  not  paid  within 
six  months  after  maturity,  must  be  placed  with  the  at- 
torney-general for  collection;  but  this  section  shall  not 
be  so  construed  as  to  prevent  the  superintendent  of  edu- 
cation from  ordering  suit  on  notes  at  any  time  after  ma- 
turity, when  so  ordered  by  the  sureties  on  the  notes. 

1800.  (3656)  (1054)  (999)  Appointment  of  agents 
for  collection  of  notes. — The  superintendent  of  educa- 
tion may  appoint  agents  for  surveying,  mapping,  or 
platting  school  lands  and  for  the  collection  of  notes  for 
purchase  money  of  land,  being  responsible  for  any  neg- 
lect on  the  part  of  such  agents. 

1801.  (3657)  (1055)  (1000)  Township  credited  with 
collection  on  notes. — All  collections  on  notes  given  for 
the  sale  or  lease  of  school  lands  must  be  paid  into  the 
treasury  of  the  State,  to  the  credit  of  the  proper  town- 
ship or  district. 

1802.  (3658)  Proceeds  of  school  lands  covered  into 
treasury;  faith  and  a^edit  of  State  pledged  for  payment 
of  interest. — All  funds  now  in  the  State  treasury  de- 
rived from  the  sale  of  sixteenth-section  or  other  school 
lands,  or  which  may  hereafter  accrue  from  sales  of  such 
lands,  together  with  the  redemption  money  of  other 
lands  in  which  former  accumulations  have  been  invest- 
ed under  an  act  approved  March  1,  1881,  entitled  ''An 
act  to  authorize  the  compromise  and  settlement  of 
claims  for  school  lands  in  this  State,"  are  covered  into 
the  State  treasurv  and  made  available  for  general  pur- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        53 

poses;  and  the  faith  and  credit  of  the  State  is  pledged 
for  the  payment  of  the  interest  on  such  fund  to  the  pub- 
lic schools  of  the  State,  at  the  rate  of  six  per  cent  per 
annum. 

1803.  (3665)  Lease  of  school  and  indemnity  lands. 
— The  superintendent  of  education  may,  with  the  ap- 
proval of  the  governor,  lease  out  all  or  any  of  the  school 
and  indemnity  lands  for  a  term  not  exceeding  five  (5) 
years,  or  may  enter  into  a  contract  or  contracts  permit- 
ting persons  to  mine  all  coal  or  other  minerals  there- 
from, or  to  take  therefrom  oil  or  gas  or  either,  upon  a 
royalty  for  a  term  not  exceeding  twenty  (20)  years; 
and  the  net  proceeds  of  all  money  received  from  the 
lease  of  such  lands  or  the  royalty  for  the  minerals  min- 
ed therefrom  or  the  oil  and  gas  or  either,  taken  there- 
from shall  be  paid  into  the  State  treasury  monthly  to 
the  credit  of  the  townships  to  which  such  lands  belong 
in  the  proportion  of  their  interest  therein. 

1804.  Compromise;  hoard  of^  as  to  school  lands. — 
The  governor,  superintendent  of  education,  and  attor- 
ney-general are  constituted  a  board  of  compromise  for 
the  purpose  of  examining  into  the  title  or  claim  of  the 
State  to  any  sixteenth-section  or  other  school  lands 
which  have  illegally  passed  out  of  the  possession  of  the 
State,  or  Avhich  have  heretofore  been  disposed  of  by  the 
State  and  not  paid  for.  The  board  may  take  all  action 
necessary  to  recover  any  such  lands,  or,  if  deemed  best, 
may  settle  and  compromise  any  conflicting  claims  there- 
to between  the  State  and  persons  claiming  the  land. 
When  any  compromise  or  settlement  is  made  the  sec- 
retary of  State  shall,  upon  the  order  of  the  board  of 
compromise,  issue  patents  to  the  land  the  claims  to 
Avliich  have  been  so  compromised. 


54  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

NORMAL  SCHOOLS. 

Alabama  has  nine  normal  schools,  six  for  the  white 
race  and  three  for  the  colored  race. 

Four  of  the  normal  schools  for  the  white  race  receive 
annually  an  appropriation  of  $20,000  each  from  the 
State  and  these  schools  are  located  at  Florence,  Troy, 
Jacksonville  and  Livingston.  Two  of  the  normal 
schools  for  the  white  race  receive  annually  an  appro- 
priation of  |5,000  each  from  the  State  and  these  schools 
are  located  at  Daphne  and  Moundville.  All  of  the  white 
normal  schools  are  controlled  and  governed  by  an  act 
approved  April  18,  1911.  This  act  creates  a  State  board 
of  eight  members,  consisting  of  the  governor,  the  super- 
intendent of  education,  and  six  members  appointed  by 
the  governor. 

Several  appropriations  were  made  by  the  legislature 
of  1911  to  the  normal  schools  for  dormitories  and  build- 
ings but  these  appropriations  can  be  paid  only  on  the 
approval  of  the  governor,  as  in  his  opinion  the  state  of 
the  treasury  may  warrant  and  the  governor  may  ap- 
prove the  payment  in  whole  or  in  part  from  time  to 
time.    These  appropriations  are  as  follows : 

The  Livingston  Normal  School,  |40,000;  Troy  Nor- 
mal School,  140,000 ;  the  Florence  Normal  School,  |50,- 
000;  the  Jacksonville  Normal  School,  |60,000;  the 
Daphne  Normal  School,  $10,000;  the  Moundville  Nor- 
mal School,  |10,000;  the  Montgomery  Normal  School 
for  colored  students,  |15,000. 

The  three  schools  for  the  colored  race  are  located  at 
Tuskegee,  Normal  (near  Huntsville),  and  Montgomery. 
The  school  at  Tuskegee  receives  an  annual  appropria- 
tion of  $4,500  from  the  State,  the  one  at  Normal 
an  annual  appropriation  of  $4,000  from  the  State,  and 
the  one  at  Montgomery  an  annual  appropriation  of 
$16,000  from  the  State. 

Some  of  the  Normal  schools  receive  revenue  from 
other  sources,  such  as  the  Peabody  Fund,  Slater  Fund, 


PUBLIC   SCHOOL  LAWS  OF  ALABAMA.  55 

Morrill  Fund,  etc.,  and  all  of  the  schools  receive  some 
revenue  from  matriculation  fees,  incidental  fees,  etc. 

The  three  normal  schools  for  the  colored  race  are 
governed  and  controlled  by  special  acts  of  the  Legisla- 
ture. 

The  act  governing  the  Tuskegee  Normal  and  Indus- 
trial Institute  was  approved  February,  1893,  and  the  act 
governing  the  Montgomery  Normal  School  was  approv- 
ed February  23,  1889.  The  acts  governing  the  Hunts- 
ville  State  Colored  Normal  and  Industrial  Institute 
were  approved  December  9,  1873,  and  February  17, 
1885.  Sections  1258,  1259  and  1260  of  the  Code  of  1876 
also  relate  to  this  school,  and  an  act  approved  February 
13,  1891,  relating  to  the  division  of  the  Morrill  Fund 
gives  the  Huntsville  Normal  School  that  part  of  the 
Morrill  Fund  belonging  to  the  colored  race. 

AGRICULTUKAL  SCHOOLS. 

Alabama  has  nine  agricultural  schools  located  in  the 
various  congressional  districts  of  the  State.  These 
schools  each  receive  for  maintenance  an  annual  appro- 
priation of  |7,500,  but  |3,000  of  this  annual  appropria- 
tion to  each  school  is  payable  on  the  approval  of  the 
governor  in  whole  or  in  part  from  time  to  time,  as  in 
his  opinion,  the  condition  of  the  treasury  may  warrant. 
Not  less  than  one  thousand  five  hundred  dollars  must 
be  used  by  each  school  in  making  agricultural  experi- 
ments and  in  operating  a  department  of  domestic 
science  and  farm  mechanics.  In  addition  to  the  above, 
the  schools  also  receive  some  revenue  from  matricula- 
tion and  incidental  fees. 

The  First  District  Agricultural  School  is  located  at 
Jacksonville,  the  Second  at  Evergreen,  the  Third  at 
Abbeville,  the  Fourth  at  Sylacauga,  the  Fifth  at  We- 
tumpka,  the  Sixth  at  Hamilton,  the  Seventh  at  Albert- 
ville,  the  Eighth  at  Athens,  and  the  Ninth  at  Blounts- 
ville. 


56  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

The  agricultural  schools  are  governed  by  Sections 
59-60  of  the  Code  of  1907  as  amended  April  22,  1911, 
and  also  by  rules  and  regulations  made  by  the  execu- 
tive committee  of  these  schools.  The  governor,  the  su- 
perintendent of  education,  and  the  commissioner  of  ag- 
riculture compose  the  executive  committee.  Each  school 
is  governed  by  a  board  of  control  composed  of  the  exec- 
utive committee  named  above  and  two  members  ap- 
pointed by  the  governor  from  the  congressional  district 
in  which  the  school  is  located. 

The  following  appropriations  were  made  by  the  leg- 
islature of  1911  for  the  purpose  of  constructing  and 
equipping  dormitories  and  other  buildings  for  the 
schools,  but  these  appropriations  are  paid  only  on  the 
approval  of  the  governor,  as  in  his  opinion,  the  state 
of  the  treasury  may  warrant: 

The  Second  District  Agricultural  School,  |10,000; 
the  Third  District  Agricultural  School,  $10,000;  the 
Fifth  District  Agricultural  School,  |7,500;  the  Sixth 
District  Agricultural  School,  |25,000 ;  the  Seventh  Dis- 
trict Agricultural  School,  |10,000;  the  Ninth  District 
Agricultural  School,  |10,000. 


ARTICLE  18. 

Text-Book  Commission;  Members,  Appointment  of. 

1805.  Text-hook  commission;  how  constituted. — On 
or  before  March  1st,  1908,  the  governor  shall  select  and 
appoint  nine  educators  of  known  character  and  ability, 
men  well  acquainted  with  arranging  courses  of  study 
and  engaged  in  public  school  work,  one  from  each  con- 
gressional district,  who,  together  with  himself  and  the 
State  superintendent  of  education,  shall  constitute  the 
text-book  commission  of  Alabama. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        57 

1806.  Oath  of  commissioners. — Before  transacting 
any  business  pertaining  to  the  duties  of  this  commission, 
ihey  shall  each  take  an  oath  before  some  per-son  author- 
ized to  administer  oaths,  to  faithfully  discharge  all  the 
duties  imposed  upon  them  as  members  of  said  text-book 
commission,  and  that  they  have  no  interest,  directly  or 
indirectly,  in  any  contract  that  may  be  made  under  this 
article,  and  receive  no  personal  benefit  therefrom. 

1807.  Commission;  organization  of. — The  text-book 
commission  shall  immediately  after  their  appointment 
meet  and  organize,  the  governor  being  president  of  the 
commission  and  the  superintendent  of  education  secre- 
tary of  said  commission. 

1808.  Duties  of  commisson. — It  shall  be  the  duty  of 
8aid  commission  to  select  and  adopt  a  uniform  series 
of  text-books  for  use  in  the  public  schools  of  the  State 
for  a  period  of  five  years. 

1809.  Unlawful  to  use  other  books  than  those  select- 
ed.— It  shall  be  unlawful  for  any  school  oflflcial,  direc- 
tor or  teacher  to  use  any  books  upon  the  same  branches 
other  than  those  adopted  by  said  State  text-book  com- 
mission. 

1810.  Branches  of  study  for  which  hooks  selected. — 
Said  uniform  series  shall  include  the  following  branches 
of  study,  to-wit:  Orthography,  reading,  writing,  arith- 
metic, geography,  grammar,  language  lessons,  history  of 
Alabama  containing  the  constitution  of  the  State,  his- 
tory of  the  United  States,  elementary  physiology  and 
In^giene,  elementary  principles  of  agriculture,  and  such 
other  branches  of  study  as  properly  belong  to  a  common 
school  course. 

1811.  Partisan!  or  sectarian  hooks  forhidden. — None 
of  said  text-books  shall  contain  anything  of  a  partisan 
or  sectarian  character. 


58         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1812.  Books  selected  may  he  dropped. — The  text- 
book commission  shall  have  the  power  by  three-fourths 
vote  to  drop  an  unsatisfactory  book  at  the  end  of  any 
school  year  during  the  continuance  of  the  contract  and 
to  make  another  adoption. 

1813.  Qualities  and  merits  of  hooks  to  control  in  se- 
lection.— The  text-book  commission  shall  consider  the 
merits  of  each  book,  taking  into  consideration  their  sub- 
ject-matter, the  printing,  binding,  material,  and  me- 
chanical qualities,  and  their  general  suitability  and 
desirability  for  the  purpose  intended,  as  well  as  the 
price  of  said  books,  but  no  text-book  the  subject-matter 
of  which  is  of  inferior  quality  shall  be  adopted  by  the 
text-book  commission.  Said  commission  shall  select 
and  adopt  such  books  as  will,  in  their  best  judgment, 
accomplish  the  ends  desired. 

1814.  Desirahle  hooks;  ichen  price  too  high. — In  case 
any  book  or  books  are  deemed  suitable  for  adoption  and 
more  desirable  than  other  books  of  the  same  class  sub- 
mitted, and  they  further  consider  the  price  at  which 
the  books  are  offered  to  be  unreasonably  high,  and  that 
they  should  be  offered  at  a  smaller  price,  the  commis- 
sion shall  immediately  notify  the  publisher  or  author 
of  such  book  or  books  of  their  decision,  and  request  such 
reduction  in  price  as  they  deem  reasonable  and  just,  and 
if  they  and  such  publishers  shall  agree  on  a  price  they 
may  adopt  his  book  or  books,  but  if  not,  they  shall  use 
their  own  sound  judgment  and  discretion  whether  they 
will  adopt  that  or  the  books  which  are  deemed  by  them 
next  best  in  the  list  published. 

1815.  Advertisement  for  hids. — As  soon  as  practica- 
ble, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise  in  such  manner  and  for 
such  length  of  time  and  at  such  places  as  may  be  deem- 
ed advisable,  that  at  a  time  and  place  fixed  definitely  in 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        59 

said  advertisement,  sealed  bids  or  proposals  will  be  re- 
ceived from  the  publishers  of  school  text-books  for  fur- 
nishing books  to  the  public  schools  in  the  State  of  Ala- 
bama, through  such  agencies  in  the  several  counties,  and 
places  in  the  several  counties  in  the  State,  as  may  be 
provided  for  in  such  regulations  as  said  commission  may 
adopt  and  prescribe. 

1816.  Bids;  specifications,  i^equisitcs,  and  contents  of. 
— The  bids  or  proposals  shall  be  for  furnishing  the 
books  for  a  period  of  five  years  and  no  longer,  and  that 
no  bid  for  a  longer  period  will  be  considered.  Said  bids 
shall  state  specifically  and  definitely  the  price  at  which 
the  books  will  be  furnished,  and  shall  be  accompanied 
by  one  or  more  specimen  copies  of  each  and  every  book 
proposed  to  be  furnished. 

1817.  Deposits  as  security  for  performance  of  hid. — 
It  shall  be  required  of  each  bidder  to  deposit  with  the 
treasurer  of  the  State  a  sum  of  money  such  as  the  com- 
mission may  require,  not  less  than  five  hundred  dollars 
lior  more  than  twenty-five  hundred  dollars,  according  to 
the  number  of  books  each  bidder  may  propose  to  supply, 
and  notice  shall  further  be  given  in  such  advertisement 
that  such  deposits  shall  be  forfeited  absolutely  to  the 
State  if  the  bidder  making  the  deposit  shall  fail  or  re- 
fuse to  make  and  execute  such  contract  and  bond  as  is 
hereinafter  required,  within  such  time  as  the  commis- 
sion may  require,  which  time  shall  also  be  stated  in  the 
advertisement. 

1818.  Bids  sealed  and  deposited. — All  bids  shall  be 
sealed  and  deposited  with  the  secretary  of  State,  to  be 
by  him  delivered  to  the  commission  when  they  are  in 
executive  session,  for  the  purpose  of  considering  the 
saine,  when  they  shall  be  opened  in  the  presence  of  the 
commission. 


60         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1819.  Bids  opened,  examined,  and  contract  awarded. 
— The  text-book  commission  shall  meet  at  the  time  and 
place  designated  in  such  notice  or  advertisement,  and 
take  out  the  sample  or  specimen  copies  submitted  upon 
which  the  bids  are  based.  When  the  members  have  ex- 
amined all  books  submitted  until  thoroughly  satisfied, 
it  shall  be  the  dut}^  of  said  text-book  commission  to  meet 
in  executive  session  to  open  and  examine  all  sealed  pro- 
posals submitted  and  received  in  pursuance  of  the  no- 
tice or  advertisement  provided  for  in  section  1815  of 
tills  code.  The  commission  shall  then  examine  and  care- 
fully consider  such  bids  or  proposals  and  determine  in 
the  manner  provided  in  the  preceding  section  of  this 
article  what  book  or  books  shall  be  selected  for  adop- 
tion, taking  into  consideration  the  size,  quality  as  to 
subject-matter,  material,  printing,  binding,  and  the  me- 
chanical execution  and  price,  and  the  general  suitabil- 
ity for  the  purpose  desired  and  intended;  all  books  se- 
lected and  adopted  shall  be  written  or  printed  in  Eng- 
lish. 

1820.  Notification  to  publishers  of  contracts  award- 
ed.— ^After  their  selection  for  adoption  shall  have  been 
made,  the  said  commission  shall  by  registered  letter  no- 
tify the  publishers  or  proposers  to  whom  contracts  have 
been  awarded. 

1821.  Contract;  preparation,  execution,  and  filing 
of. — The  attorney-general  of  the  State  shall  prepare  the 
said  contract  or  contracts  in  accordance  with  the  terms 
and  provisions  of  this  article,  and  the  said  contract  shall 
be  executed  by  the  governor  and  secretary  of  State  with 
the  seal  of  the  State  attached  upon  the  part  of  the  State 
of  Alabama,  and  the  said  contract  shall  be  executed  in 
triplicate,  one  copy  to  be  kept  by  the  contractor,  one 
copy  by  the  secretary  of  the  text-book  commission  and 
copied  in  full  in  the  minutes  of  said  commission  and 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        Ql 

one  copy  to  be  filed  in  the  office  of  the  secretary  of 
State. 

1822.  Bond  of  contractor;  preparation^  execution, 
and  conditions  of. — At  the  time  of  the  execution  of  the 
contract  aforesaid  the  contractors  shall  enter  into  a 
bond  in  the  sum  of  not  less  than  ten  thousand  dollars 
nor  more  than  thirty  thousand  dollars,  payable  to  the 
State  of  Alabama,  the  amount  of  said  bond  within  said 
limits  to  be  fixed  by  said  commission  conditioned  for  the 
faithful,  honest,  and  exact  performance  of  the  contract, 
and  shall  further  provide  for  the  payment  of  reasonable 
attorney's  fees  in  case  of  recovery  in  any  suit  upon  the 
same,  with  three  or  more  good,  solvent  sureties,  actual 
citizens  and  residents  of  the  State  of  Alabama,  or  any 
guaranty  company  authorized  to  do  business  in  the 
State  of  Alabama  may  become  surety  on  said  bond.  The 
attorney-general  shall  prepare  said  bond  and  approve 
the  same.  The  said  bond  shall  not  be  exhausted  by  a 
single  recovery,  but  may  be  sued  on  from  time  to  time 
until  the  full  amount  shall  be  recovered;  and  the  said 
commission  may  at  any  time,  by  giving  thirty  days'  no- 
tice, require  additional  security  or  additional  bond, 
Avithin  the  limits  prescribed. 

1823.  Deposits  returned  after  execution  of  bond. — 
When  any  person,  firm,  or  corporation  shall  have  been 
awarded  a  contract  and  submitted  therewith  the  bond 
as  required  in  this  article,  the  commission  through  its 
secretary  shall  so  inform  the  treasurer  of  the  State,  and 
the  treasurer  shall  return  such  contractor  the  cash  de- 
posit made  by  him,  and  the  commission  through  its  sec- 
retary shall  inform  the  treasurer  of  the  names  of  the 
unsuccessful  bidders  or  proposers,  and  the  treasurer 
shall,  upon  receipt  of  this  notice,  return  to  them  the 
amount  deposited  in  cash  by  them  at  the  time  of  the 
submission  of  their  bid. 


62  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

1824.  Failure  to  execute  contract  or  bond;  conse- 
quence of. — Should  any  person,  firm,  company,  or  cor- 
poration fail  or  refuse  to  execute  the  contract  and  sub- 
mit therewith  his  bond  as  required  by  this  article  within 
thirty  days  of  the  awarding  of  the  contract  to  him  and 
(provided  the  mailing  of  the  registered  letter  shall  be 
sufficient  evidence  that  the  notice  was  given  and  re- 
ceived ) ,  the  cash  deposit  will  be  deemed  forfeited  to  the 
State  of  Alabama,  and  the  treasurer  shall  place  such 
cash  deposit  in  the  treasury  of  the  State  to  the  credit 
of  the  general  school  fund. 

-  1825.  Recovery  on  bond  for  benefit  of  fund. — Any  re- 
covery had  on  any  bond  given  by  any  contractor  shall 
inure  to  the  benefit  of  the  said  fund  of  the  State,  and 
when  collected  shall  be  placed  in  the  treasury  to  the 
credit  of  the  said  fund  and  be  prorated  among  the  sev- 
eral counties  of  the  State. 

3826.  Books  furnished  must  be  equal  to  specimens. 
— The  books  furnished  under  any  contract  shall  at  all 
times  during  the  existence  of  the  contract  be  equal  to, 
in  all  respects,  the  specimens  or  sample  copies  furnish- 
ed Avith  bids. 

1827.  Secretary  of  State  preserves  sample  copies  and 
furnishes  to  superintendent. — The  secretary  of  State 
shall  carefully  preserve  in  his  office  as  the  standard  of 
quality  and  excellence  to  be  maintained  in  such  books 
during  the  continuance  of  such  contracts  the  specimens 
or  sample  copies  of  all  books  which  have  been  made  the 
basis  of  any  contract,  together  with  the  original  bid  or 
proposal,  and  the  contractor  shall  also  furnish  each 
county  superintendent  of  education  like  specimen  or 
sample  copies,  which  shall  be  preserved  by  him  in  like 
manner,  and  the  same  shall  always  be  open  to  the  in- 
spection of  the  public. 


PUBLIC   SCHOOL  LAWS  OF  ALABAMA.  (J3 

1828.  Contract  and  exchange  price  printed  on  hack 
of  hooks. — All  contractors  shall  print  on  the  back  of 
each  book  the  contract  price,  as  well  as  the  exchange 
price  at  which  it  is  agreed  to  be  furnished,  but  the  books 
submitted  as  specimen  or  sample  copies  with  the  orig- 
inal bids  shall  not  have  the  price  printed  on  them  before 
thej  are  submitted  to  the  commission. 

1829.  Price  of  hooks  for  this  State  shall  not  exceed 
that  of  others. — The  text-book  commission  shall  not  in 
imj  case  contract  with  any  person  or  publisher  for  the 
use  of  any  books  which  are  to  be  sold  to  patrons  or  used 
in  any  public  school  in  this  State  at  a  price  above  or  in 
excess  of  the  price  at  which  such  book  or  books  are  fur- 
nished by  said  person  or  publisher  under  contract  to 
any  State,  county,  or  school  district  in  the  United 
States  under  like  conditions  prevailing  in  this  State 
and  under  this  article.  It  shall  be  stipulated  in  each 
contract  that  the  contractor  has  never  furnished  and  is 
not  now  furnishing  under  any  contract  any  State,  coun- 
ty, or  school  district  in  the  United  States  where  like 
conditions  prevail  as  are  prevailing  in  this  State  under 
this  article,  the  same  book  or  books  as  are  embraced  in 
said  contract  at  a  price  below  or  less  than  the  price 
stipulated  in  the  said  contract,  and  the  said  commission 
at  any  time  they  may  find  that  any  book  has  been  fur- 
nished at  a  lower  price  under  contract  to  any  State, 
county  or  school  district  aforesaid,  shall  sue  upon  the 
bond  of  said  contractor  and  recover  the  difference  be- 
tAveen  the  contract  price  and  the  lower  price  at  which 
they  find  the  book  or  books  have  been  sold,  and  in  case  a 
contractor  shall  fail  to  execute,  specifically,  the  terms 
and  provisions  of  his  contract,  said  commission  shall 
bring  suit  upon  the  bond  of  such  contractor  for  the  re- 
covery of  damages,  the  suit  to  be  in  the  name  of  the 
State  of  Alabama,  and  the  recovery  for  the  benefit  of 
the  public  school  fund. 


64  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

1830.  CJianc^ing  or  altering  contract. — The  commis- 
sion and  any  contractor  agreeing  thereto  may  in  any 
manner  change  or  alter  any  contract,  provided  a  major- 
ity of  the  commission  shall  agree  to  the  change  and 
think  it  advisable  and  for  the  best  interest  of  the  public 
schools  of  the  tSate. 

1831.  Majority  controls. — In  all  matters  unless  oth- 
erwise provided  a  majority  of  said  commission  shall 
control. 

1832.  State  not  liable  to  any  contractor. — It  shall 
always  be  a  part  of  the  terms  and  conditions  of  every 
contract  made  in  pursuance  of  this  article,  that  the 
State  of  Alabama  shall  not  be  liable  to  any  contractor 
in  any  manner,  in  any  sum  whatsoever,  but  all  such 
contractors  shall  receive  the  pay  or  consideration  in 
compensation  solely  and  exclusively  derived  from  the 
proceeds  of  the  sale  of  books,  as  provided  for  in  this 
article. 

1833.  Old  hooks  exchanged  for  new. — The  commis- 
sion shall  stipulate  in  the  contract  for  the  supplying  of 
any  book  as  provided  in  this  article  that  the  contractor 
or  contractors  shall  take  up  the  school  books  now  in  use 
in  this  State,  and  receive  the  same  in  exchange  for  new 
books  at  a  price  not  less  than  fifty  per  cent  of  the  con- 
tract price.  Such  exchange  period  shall  not  continue 
lonofer  than  one  vear  from  the  date  of  contract.  Each 
person  or  publisher  making  a  bid  for  the  supplying  of 
any  book  or  books  under  this  article  shall  state  in  such 
bid  or  proposal  the  exchange  price  at  which  such  book 
or  books  will  be  furnished. 

1834.  Rejecting  bids  or  proposals. — The  text-book 
commission  shall  have  and  reserve  the  right  to  reject 
any  and  all  bids  or  proposals  if  they  shall  be  of  opinion 
that  any  or  all  should  for  any  reason  be  rejected. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  g5 

1835.  Re-advertisement  for  bids. — In  case  the  com- 
mission fails  from  among  the  bids  or  proposals  to  select 
or  adopt  any  book  or  books  upon  any  of  the  branches 
mentioned  in  previous  sections  of  this  article,  they  may 
re-advertise  for  sealed  bids  or  proposals  under  the  same 
terms  and  conditions  as  before,  and  proceed  in  their  in- 
vestigations in  all  respects  as  they  did  in  the  first  in- 
stance, and  as  required  by  the  terms  and  provisions  of 
this  article. 

1836.  Bids  for  copyright  and  manuscripts. — The 
commission  may  advertise  for  sealed  bids  or  proposals 
from  authors  or  publishers  of  text-books  who  have  man- 
uscripts of  books  not  yet  published,  for  prices  at  which 
they  will  publish  and  furnish  in  book  form  such  manu- 
scripts, or  for  prices  at  which  they  will  sell  such  man- 
uscripts, together  with  the  copyright  with  such  books 
for  use  in  the  public  schools  of  Alabama,  proceeding  in 
all  respects  in  like  manner  as  before.  Before  accepting 
or  rejecting  any  manuscript  it  shall  be  the  duty  of  the 
commission  to  take  the  manuscript  and  advertise  for 
sealed  bids  or  proposals  for  publishing  the  same  in  book 
form,  in  like  manner  as  provided  in  this  article,  and 
under  the  same  restriction  and  condition,  and  the  con- 
tract may  be  let  for  the  publication  of  all  such  books  or 
for  any  one  or  more  separately.  The  State  itself  shall 
not  under  any  circumstances  enter  into  any  contract 
binding  it  to  pay  for  the  publication  of  any  book  or 
books,  but  in  the  contract  with  the  owner  of  the  manu- 
script it  shall  be  provided  that  he  shall  pay  the  compen- 
sation to  the  publisher  for  the  publication  and  putting 
in  book  form  the  manuscript,  together  with  the  cost  and 
expense  of  copyrighting  the  same;  and  provided  that  in 
all  cases  bids  or  proposals  shall  be  accompanied  with 
the  cash  deposit  of  from  five  hundred  to  twenty-five  hun- 
dred dollars,  as  the  commission  may  direct,  and  as  pre- 
viously provided  in  this  article. 

5  SL 


66         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1837.  Manuscripts  or  printed  form  of  matter  pro- 
posed to  be  incorporated  in  hook. — Any  person,  firm,  or 
corporation  now  doing  business,  or  proposing  to  do  bus- 
iness in  the  State,  shall  have  the  right  to  bid  for  the 
contract  to  be  awarded  under  this  article  in  the  manner 
as  follows :  In  response  to  the  advertisement,  when 
made  as  hereinabove  provided,  said  person,  firm,  or  cor- 
poration may  submit  in  writing  bid  or  bids  to  edit  or 
have  edited,  publish  and  supply  for  use  in  the  public 
schools  in  this  State,  any  book  or  books  herein  provided 
for,  provided  that  instead  of  filing  with  said  bid  or  pro- 
posals a  sample  or  specimen  copy  of  each  book  pro- 
posed to  be  furnished,  he  may  exhibit  to  the  commission 
a  manuscript  or  printed  form  of  the  matter  proposed  to 
be  incorporated  in  any  book,  together  with  such  a  de- 
scription and  illustration  of  the  form  and  style  thereof 
as  would  be  fully  intelligible  and  satisfactory  to  said 
commission,  or  they  may  submit  a  book  or  books,  the 
equal  of  which  in  every  way  they  propose  to  furnish, 
and  they  shall  accompany  their  bid  or  proposal  with  the 
cash  deposit  and  execute  a  contract  and  bond  as  herein- 
before provided. 

1838.  Proclamation  of  governor  announcing  con- 
tract.— As  soon  as  said  commission  shall  have  entered 
into  a  contract  or  contracts  for  the  furnishing  or  sup- 
plying of  books  for  use  in  the  public  schools  in  this 
State,  the  governor  shall  issue  his  proclamation  an- 
nouncing such  facts  to  the  people  of  the  State. 

1839.  Three  depositaries  or  places  of  sale  in  each 
county. — The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  place  their  books  on  sale  at  not  less 
than  three  places  in  each  county  of  the  State  for  the 
distribution  of  the  books  to  the  patrons,  and  the  con- 
tractor shall  be  permitted  to  make  arrangements  with 
a  merchant  or  other  person  for  the  handling  and  distri- 
bution of  the  books. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        Q^ 

1840.  Contract  price  printed  on  hooks. — All  books 
shall  be  sold  to  the  consumer  at  the  retail  contract 
price,  and  in  each  book  shall  be  printed  the  following: 
(The  price  fixed  herein  is  fixed  by  State  contract  and 
deviations  therefrom  shall  be  reported  to  your  county 
superintendent  of  education  or  the  State  superintendent 
at  Montgomery).  Should  any  party  contracting  to  fur- 
nish books  as  provided  for  fail  to  furnish  them  or  other- 
wise breach  his  contract,  in  addition  to  the  right  of  the 
State  to  sue  on  his  bond  hereinabove  required,  the  coun- 
ty superintendent  of  any  county  may  sue,  in  the  name  of 
the  State  of  Alabama,  in  any  court  of  competent  juris- 
diction in  the  county  in  which  he  resides,  for  the  use 
and  benefit  of  the  school  fund  of  the  county;  provided 
that  the  right  of  action  of  the  county  superintendent 
shall  be  limited  to  breaches  of  the  contract  committed 
in  the  county  of  his  residence.  In  all  cases  under  this 
article  service  of  process  may  be  had  and  deemed  suffi- 
cient on  any  agent  of  the  contractor  in  this  State. 

1841.  Distribution  of  hooks, — The  commission  shall, 
from  time  to  time,  make  any  necessary  regulations  to^ 
secure  the  prompt  distribution  of  the  books  provided 
for  in  this  article,  and  the  prompt  and  faithfuly  execu- 
tion of  all  contracts. 

1842.  Commission  continues  for  five  years;  new  com- 
mission appointed — Said  commission  shall  maintain  its 
organization  for  five  years,  and  at  the  end  of  said  period 
of  five  years  the  governor  shall  name  a  similar  commis- 
sion with  like  powers  and  a  like  term  as  the  first  named 
commission. 

1843.  List  of  hooks,  agencies^  and  prices  furnished  to 
county  superintendent  of  education, — As  soon  as  prac- 
ticable after  the  adoption,  provided  for  in  this  article, 
the  State  superintendent  of  education  shall  issue  a  cer- 
cular  letter  to  each  county  superintendent  of  education. 


^8         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

and  each  teacher  in  the  State,  and  to  such  others  as  he 
may  desire  to  send  it,  which  letter  shall  contain  the  list 
of  books  adopted,  the  prices,  location  of  agencies,  the 
manner  of  distribution,  and  such  other  information  as 
he  may  deem  necessary. 

1844.  ^uppleynentary  text-hoolcs;  hooks  for  higher  or 
more  advanced  studies. — As  soon  as  the  existing  con- 
tract for  books  expires  the  books  adopted  as  a  uniform 
:series  of  text-books  for  the  next  five  years  shall  be  in- 
troduced and  used  as  text-books  to  the  exclusion  of  all 
others  in  all  the  public  free  schools  in  this  State.  Sup- 
plementary books  shall  be  used,  but  such  books  shall  not 
be  used  to  the  exclusion  of  the  books  prescribed  or 
adopted  under  the  provisions  of  this  article.  Higher  or 
more  advanced  branches  may  be  taught  than  provided 
in  this  article,  but  such  higher  branches  or  books  shall 
not  be  taught  to  the  exclusion  of  the  branches  or  books 
mentioned  in  this  article. 

1845.  Other  hooks  used  upon  failure  to  furnish  those 
•adopted. — The  patrons  of  the  public  schools  throughout 
the  State  may  procure  books  in  the  usual  way  in  case 
no  contract  shall  be  made,  or  the  contractor  fails  or 
refuses  to  furnish  the  books  provided  for  in  this  article 
at  the  time  re^yiired  for  their  use  in  the  respective 
schools. 

1846.  Appropriation. — The  sum  of  three  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 
paid  out  of  the  moneys  in  the  treasury  not  otherwise 
-expended,  is  appropriated  for  the  purpose  of  paying  the 
I'osts  and  expenses  of  carrying  into  effect  the  provisions 
of  this  article. 

1847.  Compensation  of  commissioners. — The  gov- 
pernor  and  superintendent  of  education  shall  serve  on 
the  commission  without  compensation,  and  the  other 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        g9» 

members  of  the  commission  shall  be  paid  the  sum  of 
four  dollars  per  day  during  the  time  they  are  actually 
engaged,  and  in  addition  shall  receive  ten  cents  per 
mile  for  each  mile  traveled  from  their  homes  to  their 
place  of  meeting  and  return  thereto,  to  be  paid  out  of 
the  funds  appropriated  by  the  preceding  section,  and 
they  shall  each  make  and  swear  to  a  statement  of  the 
number  of  miles  traveled  and  the  number  of  days  ac- 
tually engaged. 

1848.  Cle7^k  of  commission;  compensation  of. — The 
commission  may  appoint  a  clerk  who  shall  have  three 
dollars  per  diem  during  the  time  he  is  actually  engaged 
and  the  same  mileage  as  is  allowed  the  members  of  the 
commission. 

1849.  Books  adopted  continue  for  five  years. — The 
adoption  made  as  provided  for  in  this  article  shall  con- 
tinue for  five  years  from  the  expiration,  of  the  existing 
contract,  unless  otherwise  provided. 

1850.  Failure  to  furnish  hooks;  ccmtract  for  unex- 
pired term. — In  case  of  the  failure  of  any  contractor  to 
furnish  the  books  as  provided  in  his  contract,  his  bond 
shall  be  declared  forfeited,  and  the  State  school-book 
commission  may  make  such  other  contract  for  the  unex- 
pired term  with  another  person  to  provide  such  books 
as  they  may  deem  advisable  for  the  best  interest  of  the 
State 

(See  Criminal  Provision,  Sections  7751,  7752  and 
7753,  page  38  of  this  pamphlet. 


70  PUBLIC   SCHOOL  I  AWS  OF  ALABAMA. 

ARTICLE  19. 

Election  for  Special  Tax  for  Public  Schools. 

1851.  Petition  for  call  for  election. — Upon  a  petition 
signed  by  two  hundred  or  more  qualified  electors  of  the 
county  who  are  also  freeholders,  to  the  court  of  county 
commissioners,  or  court  of  like  jurisdiction  in  any  coun- 
ty within  the  State  of  Alabama,  the  said  court  shall 
order  an  election  to  determine  whether  or  not  a  special 
tax  shall  be  levied  for  the  support  of  the  public  schools 
within  said  county  as  hereinafter  provided;  but  only 
one  such  election  shall  be  held  in  any  two  years. 

1852.  Notice  and  piihlication. — There  shall  be  made 
publication  of  the  same  in  some  newspaper  within  the 
^county,  which  publication  shall  show  the  rate  of  such 
proposed  tax,  the  time  it  is  proposed  to  be  continued, 
and  the  purpose  for  which  the  levy  is  proposed  to  be 
made. 

1853.  Managers  and  officers  of  election  as  in  general 
election. — The  inspectors  and  officers  of  the  election 
shall  be  appointed  and  such  elections  shall  be  held  and 
the  result  of  said  elections  shall  be  declared  in  the  same 
manner  and  by  the  same  officers  as  is  the  result  of  the 
regular  elections  for  county  officers  under  the  general 
laws  of  the  State. 

1854.  Qualified  electors ^  etc. — All  persons  who  are 
at  the  time  of  such  election  qualified  electors  in  the 
county  where  such  election  is  held  under  the  laws  and 
constitution  of  Alabama  then  in  existence,  shall  be  qual- 
ified electors  to  participate  therein. 

1855.  Ballot;  form  and  manner  of  voting. — The 
-court  of  county  commissioners,  or  court  of  like  juris- 
diction, shall  provide  a  sufficient  number  of  ballots  for 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  71 

each  voting  precinct  within  said  county,  and  at  the  top 
of  each  ballot  shall  be  printed  the  rate  of  such  proposed 
tax,  the  time  it  is  to  be  continued,  and  that  the  purpose 
is  for  the  support  of  the  public  schools,  and  directly  un- 
derneath in  plain  type  shall  be  printed  on  different  lines 
the  words,  ^'For  proposed  taxation,"  "Against  proposed 
taxation,"  and  a  place  must  be  left  directly  to  the  left 
of  each  line  thereof,  and  the  voters  favoring  the  pro- 
posed taxation  will  make  a  cross  mark  directly  to  the 
left  of  the  line  "For  proposed  taxation,"  and  the  voter 
not  favoring  proposed  taxation  will  make  a  cross  mark 
directly  to  the  left  of  the  line  "Against  proposed  taxa- 
tion." 

1856.  Special  taw  levied  and  assessed. — If  three-fifths 
of  those  voting  at  said  election  have  voted  for  the  pro- 
posed taxation,  the  court  of  county  commissioners,  or 
court  of  like  jurisdiction,  shall  levy  said  special  tax, 
and  cause  the  tax  assessor  to  assess  the  same  on  the  tax- 
able property  in  said  county,  which  shall  not  exceed  ten 
cents  on  each  one  hundred  dollars  of  taxable  property 
in  said  county ;  but  the  rate  of  such  special  tax  shall  not 
increase  the  rate  of  taxation.  State  and  county  com- 
bined, in  any  one  year,  to  more  than  one  dollar  and 
twenty-five  cents  on  each  one  hundred  dollars  of  taxa- 
ble property  in  said  county,  but  all  special  county  taxes 
for  public  buildings,  roads,  bridges,  and  the  payment  of 
debts  existing  at  the  ratification  of  the  constitution  of 
1875  shall  not  be  included  in  the  aforesaid  one  dollar 
and  twenty-five  cents  on  the  hundred  dollars  of  tax- 
able property. 

1857.  Time  tax  continues. — The  time  such  special  tax 
may  continue  shall  not  be  less  than  two  years. 

1858.  Tax;  hoiv  collected  and  disbursed. — The  tax 
collector  shall  collect  such  special  tax  in  the  same  man- 
ner and  under  the  same  requirements  and  laws  as  taxes 


72         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

of  the  State  are  collected,  and  shall  keep  said  amoTint 
separate  and  apart  from  all  other  funds,  and  keep  a 
clear  and  distinct  account  thereof,  showing  what 
amount  is  paid  by  the  negro  race  and  what  amount  is 
paid  by  the  white  race,  and  turn  the  same  over  to  the 
county  superintendent  of  education,  whose  duty  it  shall 
be  to  receipt  therefor  and  apportion  the  same  to  the 
various  schools  throughout  the  county  in  the  same  man- 
ner as  the  general  school  fund  from  the  State  are  ap- 
portioned in  said  county;  provided,  that  the  school 
terms  of  the  respective  schools  shall  be  extended  by 
such  supplement  as  nearly  the  same  length  of  time  as^ 
practicable. 

1859.  Election  held  at  time  for  general  election; 
costs  of  such  election. — The  election  hereinbefore  pro- 
vided for  may  be  had  at  the  time  of  holding  any  regular 
election  within  the  county,  and  if  held  at  such  time  the 
inspectors  and  officers  of  the  general  election  shall  con- 
duct at  the  same  time  the  election  herein  provided  for; 
and  for  such  services  they  shall  receive  no  compensa- 
tion other  than  that  allowed  them  for  the  holding  of  the 
general  election;  but  if  such  an  election  is  had  at  any 
other  time  than  that  of  holding  a  regular  election  with- 
in the  county,  then  the  election  officers  shall  receive  the 
same  pay  as  that  for  holding  a  general  election. 

1860.  Compensation  of  tax  collector,  taw  assessor, 
and  county  superintendent  of  education. — The  tax  col- 
lector, tax  assessor,  and  county  superintendent  of  edu- 
cation shall  receive  for  the  services  required  of  them 
under  the  provisions  of  this  article  the  same  per  cent 
of  the  funds  handled  as  they  receive  for  like  services  as 
to  general  taxes. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        73 

ARTICLE  20. 

High  Schools  for  Counties. 

1861.  High  school  commission  to  locate  and  estab- 
lish.— The  governor,  auditor  and  superintendent  of  edu- 
cation, shall  constitute  a  commission  to  locate  one  high 
school  in  each  of  the  counties  of  this  State. 

1862.  Sites  procured;  annual  donations  paid  quar- 
terly.— For  any  county  in  which  the  citizens  thereof 
shall  secure  a  suitable  site  which  shall  consist  of  not 
less  than  five  acres  of  land,  the  title  to  the  surface  of 
which  shall  be  in  fee  (but  the  land  need  not  include 
mineral  rights)  and  erect  thereon  a  good  and  substan- 
tial building  with  all  necessary  equipments  for  a  high 
school,  the  cost  of  said  building  to  be  not  less  than 
|5,000,  and  upon  making  a  deed  to  the  State  of  Ala- 
bama of  said  land,  building  and  equipment,  there  shall 
be  appropriated  out  of  any  money  in  the  treasury,  not 
otherwise  appropriated,  the  sum  of  three  thousand  dol- 
lars and  this  appropriation  is  hereby  made  to  continue 
annually,  beginning  July  1st,  1911.  Provided  further 
that  all  appropriations  made  by  the  State  and  other- 
wise must  be  paid  quarterly  and  in  accordance  with 
the  rules  and  regulations  made  by  the  high  school  com- 
mission. 

1863.  High  school  controlled  hy  high  school  commis- 
sion and  county  hoard  of  education. — Each  county  high 
school  of  the  State  shall  be  under  the  direction  and  con- 
trol of  the  county  board  of  education  of  the  county  in 
which  the  high  school  is  located,  but  every  action  of  the 
county  board  of  education  is  subject  to  the  approval  of 
the  high  school  commission.  Provided  further,  that 
rules  and  regulations  for  the  government  of  the  county 
high  schools  of  the  State  and  the  employment  of  the 
teachers  in  said  county  high  schools  shall  be  made  by 
the  high  school  commission. 


74  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1864.  Free  schools  and  office  of  trustee  not  abolished. 
— Nothing  in  this  article  shall  be  so  construed  as  to 
abolish  any  free  school  in  any  district,  or  the  office  of 
trustee  in  any  district  in  which  said  high  school  may  be 
located. 

1865.  Qualifications  and  eligibility  of  teachers  and 
students. — No  teacher  shall  be  eligible  to  teach  in  any 
high  school  established  under  the  provisions  of  this 
article,  unless  holding  a  first-grade  or  life  certificate. 
Nor  shall  any  student  be  eligible  to  entrance  into  said 
high  school  unless  said  student  can  pass  a  satisfactory 
examination  in  the  branches  of  free  public  instruction 
in  the  elementary  schools  of  his  or  her  county.  Such 
schools  shall  be  open  to  students  of  the  white  race  re- 
gardless of  age  who  have  complied  with  the  provisions 
of  this  section. 

1866.  Course  of  study. — A  course  of  study  for  such 
school  or  schools  shall  be  provided  and  required  by  the 
superintendent  of  education ;  such  course  of  study  shall 
consist  of  secondary  branches  of  study. 

1867.  Matriculation  fee. — A  matriculation  fee  of  not 
more  than  two  and  one-half  dollars  to  be  fixed  by  the 
county  board  of  education  in  which  a  county  high  school 
is  or  may  hereafter  be  located  and  in  operation,  may  be 
charged  to  each  student  entering  said  high  school,  to 
defray  the  necessary  expenses  of  said  high  school  dur- 
ing each  term,  provided  a  part  of  the  matriculation  fees 
may  be  used  for  library  purposes  in  said  high  school. 
All  funds  accruing  from  fees  as  provided  herein, 
shall  be  paid  out  by  the  treasurer  of  the  high  school  up- 
on the  order  of  the  principal  of  said  school. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        75 

ARTICLE  21. 

University  of  Alabama. 

1869.  (3667)  (1058)  (1295)  Incorporation  of  uni- 
versity.— The  governor  and  the  superintendent  of  edu- 
cation, by  virtue  of  their  respective  offices,  and  the  trus- 
tees heretofore  appointed  from  the  different  congres- 
sional districts  of  the  State  under  the  provisions  of  sec- 
tion 264  of  the  constitution,  and  such  other  members  as 
may  be  from  time  to  time  added  to  the  board  of  trus- 
tees, and  their  successors  in  office,  are  constituted  a  body 
corporate  under  the  name  of  "The  board  of  trustees  of 
the  University  of  Alabama,"  to  carry  into  effect  the  pur- 
poses and  intent  of  the  congress  of  the  United  States  in 
the  grant  of  lands  by  the  act  of  April  20,  1818,  and  of 
the  act  of  March  2,  1819,  to  this  State,  to  be  by  it  held 
and  administered  for  the  benefit  of  a  seminary  of  learn- 
ing. 

1870.  (3668)  (1059)  (1296)  General  poioers,  duties, 
and  liahilities  of  such  corporation. — Such  corporation 
shall  have  all  the  rights,  powers,  and  franchises  neces- 
sary to  or  promotive  of  the  end  of  its  creation,  and  shall 
be  charged  with  all  the  corresponding  duties,  liabilities, 
and  responsibilities. 

1871.  (3669)  (1060)  (1297)  Power  of  holding  and 
disposing  of  property. — Such  corporation  may  hold,  and 
may  lease,  sell,  or  in  any  other  manner  not  inconsistent 
with  the  object  or  terms  of  the  grant  or  grants  under 
which  it  holds,  dispose  of  any  property,  real  or  personal, 
or  any  estate  or  interest  therein,  remaining  of  the  orig- 
inal or  any  subsequent  grant  by  congress,  or  by  this 
State,  or  by  any  person,  or  accruing  to  the  corporation 
from,  any  source,  including  also  the  proceeds  of  the 
"University  Fund,"  as  to  it  may  seem  best  for  the  pur- 
poses of  its  institution 


76         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1872.  (3670)  (1061)  (1298)  University  fund  defin- 
ed; credit  of  State  pledged  for  payment  of  interest. — 
The  fund  designated  in  the  preceding  section  as  the 
^'University  Fund"  consists  of  the  sum  of  thirty-six 
thousand  dollars  per  annum  as  interest  on  the  funds  of 
the  University  of  Alabama,  heretofore  covered  into  the 
treasury,  for  the  maintenance  and  support  of  said  insti- 
tution, which  said  sum  of  thirty-six  thousand  dollars 
shall  be  paid  to  the  duly  authorized  agent  of  th-e  uni- 
versity as  hereinafter  provided;  and  the  further  sum  of 
twenty-five  thousand  dollars,  annually,  is  added  to  and 
made  a  part  of  the  university  fund. 

1873.  (3671)  (1062)  (1299)  When  gift  or  grant  not 
affected;  what  not  a  forfeiture. — No  grant  or  gift,  by 
will  or  otherwise,  shall  fail  on  account  of  any  misnomer 
or  informality,  when  the  intention  of  the  grantor  or 
donor  can  be  ascertained ;  nor  shall  any  default,  malfea- 
sance on  the  part  of  the  trustees  or  other  officers  or' 
agents  of  such  corporation,  work  a  forfeiture  of  any  of 
its  rights,  powers,  privileges,  or  franchises. 

1874.  (3672)  (1063)  (1300)  Rights,  etc.,  of  univer- 
city  continued  in  corporation. — In  addition  to  the 
rights,  properties,  privileges,  and  franchises  herein 
granted,  all  rights,  properties,  privileges,  and  franchises 
heretofore,  by  any  act  of  the  legislature,  granted  to  or 
vested  in  the  University  of  Alabama,  shall  vest  and  con- 
tinue in  such  corporation. 

1875.  (3673)  (1064)  (1301)  Powers  of  hoard  of 
trustees;  no  exclusion  from  benefit  of  ^^University 
Fund''  etc. — The  board  of  trustees  have  the  power  to 
organize  the  university  by  appointing  a  corps  of  in- 
structors, who  shall  be  styled  the  faculty  of  the  univer- 
sity, and  such  other  officers  as  the  interest  of  the  univer- 
sity may  require ;  to  remove  such  instructors  or  officers, 
and  to  fix  their  salaries  or  compensation,  and  increase 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  77 

cr  reduce  the  same  at  their  discretion ;  to  institute,  reg- 
ulate, alter,  or  modify  the  government  of  the  university, 
as  they  may  deem  advisable;  to  prescribe  courses  of  in- 
struction, rates  of  tuition,  price  of  board,  and  regulate 
the  necessary  expenses  of  students;  and  to  confer  such 
academic  and  honorary  degrees  as  are  usually  conferred 
by  literary  institutions.  They  may  delegate  to  the  fac- 
ulty of  the  university,  or  other  officers,  such  powers  and 
functions  in  the  government  of  the  students,  and  in  the 
administration  of  the  affairs  of  the  university,  as  they 
may  deem  proper;  but  in  no  case  shall  any  person  be 
authorized  to  receive,  hold,  or  disburse  any  funds  of  the 
university  without  having  first  given  bond,  conditioned 
for  the  faithful  discharge  of  his  duties;  and  no  person 
shall  be  excluded  from  the  full  benefit  of  the  university 
fund,  or  placed  at  any  disadvantage  in  the  pursuit  of 
his  studies,  who  possesses  the  requisite  literary  and 
other  qualifications,  and  is  willing  to  submit  to  the  dis- 
cipline prescribed  the  students. 

1876.  (3674,  3675)  (1065,  1066)  (1302,  1303)  Class- 
ification of  trustees;  term  and  oath  of  office. — The  State 
university  shall  be  under  the  control  of  the  board  of 
trustees,  which  shall  consist  of  two  members  from  the 
congressional  district  in  which  the  university  is  locat- 
ed, and  one  from  each  of  the  other  congressional  dis- 
tricts in  the  State,  the  superintendent  of  education,  and 
the  governor,  who  shall  be  ex  officio  president  of  the 
board.  The  members  of  the  board  of  trustees,  as  now 
constituted,  shall  hold  office  until  their  respective  terms 
expire  under  existing  law,  and  until  their  successors 
shall  be  elected  and  confirmed,  as  hereinafter  required. 
Succcessors  to  those  trustees  whose  terms  expire  in 
Dineteen  hundred  and  two  shall  hold  office  until  nine- 
teen hundred  and  seven;  successors  to  those  whose 
terms  expire  in  nineteen  hundred  and  four  shall  hold 
office  until  nineteen  hundred  and  eleven;  successors  to 
those  trustees  whose  terms  expire  in  nineteen  hundred 


78  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

and  six  shall  hold  office  until  nineteen  hundred  and 
fifteen;  and  thereafter  their  successors  shall  hold  office 
for  a  term  of  twelve  3^ears.  When  the  term  of  any  mem- 
ber of  such  board  shall  expire,  the  remaining  members  of 
the  board  shall,  by  secret  ballot,  elect  his  successor,  pro- 
vided, that  any  trustee  so  elected  shall  hold  office  from 
the  date  of  his  election  until  his  confirmation  or  rejec- 
tion by  the  senate,  and,  if  confirmed,  until  the  expiration 
of  the  term  for  which  he  was  elected,  and  until  his  suc- 
cessor is  elected.  At  every  meeting  of  the  legislature  the 
superintendent  of  education  shall  certify  to  the  senate 
the  names  of  all  who  have  been  so  elected  since  the  last 
session  of  the  legislature  and  the  senate  shall  confirm 
or  reject  them,  as  it  shall  determine  is  for  the  best  in- 
terest of  the  university.  If  it  reject  the  names  of  any 
member  it  shall  thereupon  elect  trustees  in  the  stead  of 
those  rejected.  In  the  case  of  a  vacancy  on  said  board 
by  death  or  resignation  of  a  member,  or  from  any  cause 
other  than  the  expiration  of  his  term  of  office,  the  board 
shall  elect  his  successor,  who  shall  hold  office  until  the 
next  session  of  the  legislature.  When  the  name  of  a 
successor  or  successors  elected  by  said  board  to  fill  the 
vacancy  or  vacancies  so  occasioned  shall  be  certified  by 
the  superintendent  of  education  to  the  senate,  and  the 
senate  shall  confirm,  or  reject,  as  it  shall  determine  is 
for  the  best  interest  of  the  university ;  and  if  confirmed 
by  the  senate,  the  person  or  persons  so  elected  to  fill 
said  vacancy  shall  hold  office  for  the  unexpired  term  to 
which  he  is  so  elected.  If  the  senate  rejects  the  name  of 
any  person  to  fill  said  vacancy,  it  shall  thereupon  elect 
some  person  or  persons  in  the  stead  of  those  rejected. 
No  trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of 
his  duties  as  such. 

1877.  (  (3676)  (1067)  (1304)  Quorum  of  hoard  of 
trustees;  president  pro  tempore. — Five  members  of  the 
board  of  trustees,  exclusive  of  the  ex-officio  members^ 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       79 

shall  constitute  a  quorum,  and  every  member  present 
shall  be  required  to  vote,  and  a  majority  of  those  pres- 
ent shall  govern.  At  their  first  meeting,  the  board  shall 
elect  one  of  their  number  president  pro  tempore,  who 
shall  preside  in  the  absence  of  the  governor,  and  shall 
hold  the  position  until  the  next  annual  or  special  meet- 
ing, when  another  president  pro  tempore  shall  be 
elected. 

1878.  (3677)  (1068)  {IZOS,  1S04.)  Time  and  place  of 
meeting  of  trustees. — The  board  of  trustees  shall  meet 
at  least  once  in  each  year,  and  on  the  last  Wednesday 
in  June,  unless  some  other  day  is  selected  by  them,  and! 
they  may,  by  ordinance  or  resolution  adopted  by  them, 
prescribe  other  regular  times  for  meeting.  At  such 
meeting  they  may  continue  in  session  as  long  as  they 
may  deem  proper  for  the  welfare  of  the  institution,  and 
may  at  any  session  appoint  a  special  or  adjourned  meet- 
ing. Upon  the  written  application  of  four  members,  or 
of  any  three  members  with  his  concurrence,  the  presi- 
dent pro  tempore  shall  appoint  a  special  meeting,  and 
issue  notice  thereof  to  the  several  members;  but  such 
special  meeting  shall  not  be  appointed  for  a  day  less 
than  twenty  days  subsequent  to  the  date  of  the  notice. 
In  case  there  is  no  president  pro  tempore  of  the  board, 
or  in  case  he  is  incapacitated  to  act,  then  the  governor,, 
as  president  of  the  board,  shall,  upon  the  written  appli- 
cation of  four  members,  in  like  manner  call  such  special 
meeting.  Regular  meetings  of  the  board  must  be  held 
at  the  university,  but  special  or  adjourned  meetings 
may  be  held  at  the  university  or  in  the  city  of  Mont- 
gomery, or  in  the  city  of  Birmingham. 

1879.  (3678)  (1069)  (1305)  Proceedings  of  hoard 
recorded;  employment  of  secretary;  payment  of  ev- 
penses,  etc, — The  proceedings  of  the  board  of  trustees 
must  be  recorded  in  a  substantially  bound  book,  which 
must  be  kept  in  the  archives  of  the  university;  and  the- 


80         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

board  may  at  any  meeting  employ  a  secretary.  The  cer- 
tificate of  the  president,  or  in  his  absence,  of  the  presi- 
dent pro  tempore,  countersigned  by  the  secretary,  if 
there  be  one,  shall  entitle  the  several  trustees  to  their 
constitutional  pay  out  of  the  treasury  of  the  university ; 
and  the  compensation  of  the  secretary  and  the  necessary 
incidental  expenses  of  the  board  at  each  session  shall  be 
paid  on  the  order  of  the  board,  and  the  certificate  of  the 
president,  or  president  pro  tempore,  as  the  case  may  be, 
out  of  such  treasury. 

1880.  (3679)  (1070)  (1306)  Report  by  hoard  to  the 
legislature. — It  shall  be  the  duty  of  the  board  of  trus- 
tees to  make  to  the  legislature,  at  each  session  thereof, 
a  full  report  of  their  transactions,  and  of  the  condition 
of  the  university,  embracing  an  itemized  account  of  all 
receipts  and  disbursements  on  account  of  the  university 
by  those  charged  with  the  administration  of  its  finances. 

1881.  (3681)  (1072)  (1309)  (430)  (384)  Interest 
on  ^^IJniversity  fund'' ;  how  payable. — The  State  treas- 
urer, must  quarterly,  on  the  last  day  of  December, 
March,  June,  and  September  of  each  year,  pay  the  "uni- 
versity fund,''  as  defined  by  section  1872  (3670)  of  this 
code,  to  the  treasurer  or  any  authorized  agent  of  the 
university;  and  on  the  application  of  such  treasurer  or 
agent,  the  State  auditor  shall  draw  his  warrant  on  the 
State  treasurer  for  the  amount  due;  such  payments  to 
commence  on  the  days  specified  after  the  present  con- 
stitution became  operative. 

1882.  (3682)  (1073)  (1308)  Right  reserved  to  the 
legislature  to  revise  and  amend. — The  right  is  reserved 
to  the  legislature  to  revise  or  amend  the  provisions  of 
this  article,  and  in  virtue  of  the  character  of  the  trust 
conferred  by  the  act  of  congress,  to  intervene,  and,  by 
special  enactment,  to  direct  and  control  the  board  of 
trustees  in  the  discharge  of  their  duties  and  functions. 


PUBLIC  SCHOOL  TAWS  OF  ALABAMA.  81 

1883.  (3683)  Laio  department  to  receive  second-hand 
text-hooks  from  state  library. — The  justices  of  the  su- 
preme court  are  authorized  from  time  to  time  to  set 
apart  and  turn  over  to  the  law  department  of  the  uni- 
versity, copies  of  such  second-hand  or  superseded  law 
books,  known  as  text-books,  as  thev  may  deem  expe- 
dient, the  marshal  and  librarian  taking  proper  receipts 
therefor. 

1884.  (3684)  Law  department  must  he  supplied  with 
Codes. — The  secretary  of  state  shall  supply  to  such  law 
department  ten  copies  of  the  Code  of  Alabama  and  ten^ 
copies  of  the  acts  of  the  legislature,  and  ten  copies  of 
■eaeh  volume  of  the  current  reports  of  the  supreme  court, 
as  the  same  may,  from  time  to  time,  be  published. 

1885.  (3685)  Police  of  grounds;  appointment,  pow- 
ers, and  duties. — ^The  president  of  the  university  has 
authority  to  appoint  or  employ  one  or  more  suitable 
persons  to  act  as  police  officers  to  keep  off  intruders 
and  prevent  trespass  upon  and  damage  to  the  property 
of  the  university.  Such  person  shall  be  charged  with  all 
the  duties  and  invested  with  all  the  powers  of  police 
officers,  and  may  eject  trespassers  from  the  university 
buildings  and  grounds,  and  may,  Avithout  warrant,  ar- 
rest persons  guilty  of  disorderly  conduct,  or  of  tres- 
pass on  the  property  of  the  institution,  and  carry  them 
before  the  nearest  justice  of  the  peace  or  other  officer 
charged  with  the  trial  of  such  offenders,  before  whom, 
upon  proper  affidavit  charging  the  offense,  such  person 
so  arrested  may  be  tried  and  convicted  as  in  case  of 
persons  brought  before  him  on  a  Avarrant;  and  such 
officer  or  officers  shall  have  authority  to  summon  a 
X>osse  comitatus. 

1886.  Lands,  sale,  lease,  or  other  disposition  pro- 
vided /or.- -The  board  of  trustees  of  the  University  of 
Alabama  may  sell,  lease,  or  otherwise  dispose  of,  all  or 

6  SL 


82         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

any  part  of  such  land  as  has  been  or  may  be  selected 
under  and  by  virtue  of  an  act  of  congress  entitled,  "An 
act  to  increase  the  endowment  of  the  university  of  Ala- 
bama from  the  public  school  lands  in  said  State,"  ap- 
proved April  23,  1884 ;  and  may  sell  lands  or  any  inter- 
est therein  or  part  thereof  for  such  prices  and  upon  such 
terms  as  to  them  may  seem  proper.*  Such  sales  may  be 
for  cash  or  for  part  cash,  and  the  said  board  of  trustees 
of  the  University  of  Alabama  shall  not  be  limited  by 
any  statute  heretofore  enacted  as  to  what  part  of  the 
purchase  price  of  such  lands  which  they  have  heretofore 
,sold  or  may  hereafter  sell  shall  be  in  cash,  but  the  per 
cent  of  the  purchase  price  of  such  lands  that  may  have 
been  or  shall  be  in  cash,  shall  be  such  as  said  board  of 
trustees  of  the  University  of  Alabama  may  agree  upon 
with  the  purchaser  or  purchasers. 

1887.  Executive  committee  created  and  authorized 
to  act. — The  board  of  trustees  of  the  University  of  Ala- 
bama may  create  an  executive  committee  consisting  of 
three  or  more  of  the  trustees  composing  the  said  board 
upon  which  committee  it  may  confer  full  power  and 
authority  to  lease,  sell,  and  convey  such  lands  or  any 
part  thereof,  or  any  interest  therein,  as  fully  as  said 
board  of  trustees  of  the  University  of  Alabama  could 
itself  do. 

1888.  Sales,  leases,  etc.,  ratified  and  confirmed. — All 
sales,  agreements  to  sell,  leases,  and  other  dispositions 
of  such  lands,  or  any  part  thereof,  or  any  interest  there- 
in, heretofore  made  or  attempted  to  be  made  by  the 
board  of  trustees  of  the  University  of  Alabama,  or  by 
any  executive  committee  by  it  created,  irrespective  of 
the  per  cent  of  the  purchase  price  Avliich  may  have  been 
paid  in  cash,  are  ratified  and  confirmed,  and  shall  be 
binding  upon  the  board  of  trustees  as  fully  as  if  the 
same  were  made  after  the  28th  day  of  February,  1907, 
and  in  cases  where  the  same  were  made  by  an  executive 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        83 

committee,  as  if  the  same  were  made  by  the  board  of 
trustees  of  the  University  of  Alabama. 

1889.  Medical  department  of  the  University  of  Ala- 
hamia — The  corporation  styled  the  Medical  College  of 
Alabama  is  dissolved,  and  the  institution  heretofore 
known  as  the  Medical  College  of  Alabama  is  constitut- 
ed the  Medical  Department  of  the  University  of  Ala- 
bama, and  shall  hereafter  be  under  the  sole  manage- 
ment, ownership,  and  control  of  the  board  of  trustees  of 
the  University  of  Alabama;  but  the  said  Medical  De- 
Ijartment  shall  remain  at  Mobile  for  all  time.  All  ap- 
propriations of  moneys  which  may  hereafter  be  made  in 
aid  of  the  medical  college  shall  enure  to  the  benefit  of 
the  said  Medical  Department  of  the  University  of  Ala- 
bama, and  shall  be  paid  to  the  trustees  of  the  University 
of  Alabama  for  the  use  and  benefit  of  said  Medical  De- 
partment at  Mobile,  Alabama. 

Note. — The  legislature  of  1911  made  an  additional  ap- 
propriation to  the  University  of  Alabama  but  this  ap- 
propriation is  made  payable  on  the  approval  of  the  gov- 
ernor in  whole  or  in  part  from  time  to  time,  as  in  his 
opinion,  the  condition  of  the  treasury  may  warrant. 
The  act  referred  to  makes  an  additional  annual  appro- 
priation of  150,000,  making  the  total  annual  appropria- 
tion from  the  State,  |111,000,  besides  |5,000  for  the 
summer  school.  The  act  also  provides  for  an  appropria- 
tion of  125,000  a  year  for  four  years  to  be  used  in  mak- 
ing needed  improvements  in  the  material  equipment  of 
the  university  including  the  erection  and  furnishing  of 
new  buildings  and  the  repair  and  furnishing  of  existing 
buildings. 


M         PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

ARTICLE  22. 

Cement  Laboeatoby. 

1893.  Testing  lahoratory  for  cements. — The  testing 
laboratory  of  the  University  of  Alabama  is  the  official 
testing  laboratory  for  cements  and  other  materials  of 
■construction. 


ARTICLE  23. 
Summer  School. 

1894.  Summer  school  at  university  established. — The 
trustees  of  the  University  of  Alabama  may  establish  at 
that  institution  a  school  to  be  known  as  the  summer 
school  for  teachers,  at  which  during  the  summer  months 
instruction  shall  be  given  in  all  the  public  school  stud- 
ies and  in  such  other  studies  as  may  be  necessary  to 
better  prepare  teachers  for  efficient  service  in  the  public 
schools  of  this  State. 

1895.  Annual  appropriation. — For  the  maintenance 
of  the  summer  school  for  teachers,  the  sum  of  five  thou- 
sand dollars  is  appropriated  annually. 

1896.  Appropriation;  how  and  when  paid. — The  sum 
of  five  thousand  dollars  shall,  on  the  first  day  of  July 
of  each  year,  be  paid  by  the  State  treasurer  to  the  treas- 
urer of  the  University  of  Alabama,  on  warrants  drawn 
by  the  State  auditor  as  warrants  are  drawn  for  other 
appropriations  to  the  university.  The  trustees  of  the 
university  shall  report  in  writing  to  the  legislature  at 
-each  regular  session  thereof  the  manner  in  which  the 
4rippropriation  has  been  expended. 


PUBLIC    SCHOOL    LAWS    OF    ALABA 


1897.  Matriculation  or  tuition  fee. — No  matricula- 
tion or  tuition  fee  >shall  be  charged  to  Alabama  teachers, 
and  no  incidental  fee  exceeding  three  dollars  per  ses- 
sion sha]l  be  charged  any  Alabama  teacher. 

1898.  Examinations  conducted  hy  State  hoard  of 
examiners  anniialJy. — The  State  board  of  examiners  for 
teachers  shall  conduct  or  have  conducted,  annually,  at 
the  university,  at  the  close  of  the  summer  school  for 
teachers,  an  examination  for  the  convenience  of  teachers 
attending  that  school.  The  examination  shall  be  equal 
in  all  respects  to  the  regular  examination  required  by 
law.  The  same  fees  shall  be  charged,  and  the  examina- 
tion shall  be  conducted  under  the  same  rules  and  regu- 
lations. 


ARTICLE  24. 
Alabama  Polytechnic  Institute. 

1899.  (3686)  (1074)  Incorporation  of  the  Alahamva 
Polytechnic  Institute. — The  governor  and  the  superin- 
tendent of  education,  by  virtue  of  their  respective  offi- 
ces, and  the  trustees  appointed  from  the  different  con- 
gressional districts  of  the  State,  under  the  provisions  of 
section  266  of  the  constitution  of  1901,  and  their  suc- 
cessors in  office,  are  constituted  a  body  corporate  under 
the  name  of  ''The  Alabama  Polytechnic  Institute,"  to 
carry  into  effect  the  purpose  and  intent  of  the  congress 
of  the  United  States  in  the  grant  of  lands  by  the  act  of 
July  2,  1862. 

1900.  (3687)  (1075)  General  powers^  duties,  and 
liabilities  of  institute. — Such  corporation  shall  have  all 
the  rights,  privileges,  and  franchises  necessary  to  a  pro- 
motion of  the  end  of  its  creation,  ^nd  shall  be  charged 


86        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

with  all  corresponding  duties,  liabilities,  and  responsi- 
bilities. 

1901.  (3688)  (1076)  Credit  of  State  pledged  to  pay- 
ment of  interest. — For  the  payment  of  the  interest,  at 
the  rate  of  eight  per  cent  per  annum,  on  the  fund  of  two 
hundred  and  fifty-three  thousand  and  five  hundred  dol- 
lars, arising  from  the  sale  of  the  script  for  the  land  do- 
nated in  trust  to  this  State  by  the  act  of  congress  of 
July  2,  1862,  the  faith  and  credit  of  the  State  are  for- 
ever pledged. 

1902.  (3689)  (1077)  Powers  of  hoard  of  trustees.— 
The  board  of  trustees  have  the  power  to  organize  the 
institute  by  appointing  a  corps  of  instructors,  who  shall 
be  styled  the  faculty  of  the  institute,  and  such  other 
instructors  and  officers  as  the  interest  of  the  institute 
may  require;  and  to  remove  any  such  instructors  or 
other  officers,  and  to  fix  their  salaries  or  compensation, 
and  increase  or  reduce  the  same  at  their  discretion;  to 
regulate,  alter,  or  modify  the  government  of  the  insti- 
tute as  they  may  deem  advisable ;  to  prescribe  courses  of 
instruction,  rates  of  tuition,  and  fees;  to  confer  such 
academic  and  honorary  degrees  as  are  usually  conferred 
by  institutions  of  similar  character ;  and  to  do  whatever 
else  they  may  deem  best  for  promoting  the  interest  of 
the  institute.  They  shall  also  establish  and  maintain  a 
military  department  in  the  institute,  and  elect  a  com- 
mandant and  such  other  officers  as  may  be  necessary  for 
the  department. 

1903.  (3690)  (1078)  Classification  of  trnstees.— 
The  trustees  of  the  institute  are  divided  into  three 
classes,  as  follows:  The  trustees  from  the  fourth,  fifth, 
seventh,  and  ninth  districts  shall  constitute  the  first 
class;  those  from  the  eighth,  sixth,  and  second  districts 
shall  constitute  the  third  class;  and  they  shall  hold  of- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  ^7 

fice,  and  their  seats  be  vacated  as  prescribed  by  section 
266  of  the  constitution. 

1904.  (3691)  (1079)  Vacancy  in  office  of  trustees; 
how  filled;  term  of  appointee. — Any  vacancy  in  the  of- 
fice of  trustee,  occurring  during  the  recess  of  the  legis- 
lature, shall  be  filled  by  appointment  of  the  governor, 
8uch  appointee  to  hold  until  the  next  session  of  the  leg- 
islature thereafter;  such  vacancy  shall  be  filled  by  the 
governor,  by  and  with  the  consent  of  the  senate;  and 
any  trustee  appointed  to  fill  a  vacancy  by  the  governor, 
by  and  with  the  consent  of  the  senate,  shall  hold  during 
the  unexpired  term. 

1905.  (3692)  (1080)  Time  and  place  of  meetings  of 
trustees. — The  board  of  trustees  shall  hold  their  meet- 
ings at  the  institute  on  the  last  Monday  in  June  of  each 
year,  unless  the  board  shall,  in  regular  session,  deter- 
mine to  hold  its  meetings  at  some  other  time  and  place; 
and  upon  the  application  in  writing  of  any  four  mem- 
bers of  the  board,  the  governor  shall  appoint  a  special 
meeting,  naming  the  time  and  place  thereof,  and  cause 
notices  thereof  to  be  issued  to  the  several  members  of 
the  board,  but  such  meeting  shall  not  be  appointed  for  a 
day  less  than  twenty  days  subsequent  to  the  date  of  the 
notice. 

1906.  (3693)  (lOSl)  Quoni^m  of  hoard  of  trustees.— 
Six  members  of  the  board  of  trustees  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day 
to  day  until  a  quorum  is  present. 

1907.  (3694)  (1082)  Payment  of  expenses  to  trus- 
iees. — The  certificate  of  the  president  of  the  board,  or, 
in  his  absence,  of  the  president  pro  tempore,  counter- 
signed by  the  secretary,  shall  entitle  the  several  trustees 
t(».  the  payment  of  their  actual  expenses  incurred  in  the 
discharge  of  their  duties  as  such  trustees. 


^8        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1908.  (3695)  (1083)  When  gift  or  grant  not  a  feet- 
ed;  what  icill  not  operate  a  forfeiture. — No  grant  or 
gift,  by  will  or  otherwise,  shall  fail  on  aecount  of  any 
misnomer  or  informality,  when  the  intent  of  the  grant- 
or or  donor  can  be  arrived  at;  nor  shall  any  default, 
malfeasance,  or  misfeasance,  or  non-nser,  on  the  part  of 
the  trustees,  or  other  officers  or  agents  of  such  corpora- 
tion, work  a  forfeiture  of  any  of  its  rights,  privileges, 
powers,  or  franchises. 

1909.  (3696)  (1084)  Report  of  trustees  to  legisla- 
ture.— It  shall  be  the  duty  of  the  board  of  trustees  to 
make,  or  cause  to  be  made  to  the  legislature,  at  each 
session  thereof,  a  full  report  of  their  transactions,  and 
of  the  condition  of  the  institute,  embracing  an  itemized 
account  of  all  receipts  and  disbursements  on  account  of 
the  institute  by  those  charged  with  the  administration 
of  its  finances. 

1910.  (3697)  (1085)  Interest  paid  by  treasurer; 
ivhen  bond  required  of  officers  or  agents. — The  State 
ti^easurer  must  pay  the  interest  on  the  fund  of  two  hun- 
dred and  fifty-three  thousand  and  five  hundred  dollars 
arising  from  the  sale  of  land  script  quarterly,  as  the 
same  may  accrue  to  the  treasurer  or  other  authorized 
agent  or  officer  of  the  institute;  and  on  the  application 
of  the  treasurer,  agent,  or  officer,  the  State  auditor  shall 
draw  his  warrant  on  the  State  treasurer  for  such  inter- 
est ;  but  in  no  case  shall  any  person  be  authorized  to  re- 
ceive, hold,  or  disburse  any  fund  of  the  institute,  with- 
out first  having  given  bond  conditioned  for  the  faithful 
performance  of  his  duties. 

1911.  Appropriation  in  lieu  of  fertiliser  tag  tax;  hotc 
paid. — In  lieu  of  the  share  of  the  proceeds  arising  from 
the  sale  of  fertilizer  tags  heretofore  paid  to  the  Alabama 
Polvtechnic  Institute,  the  sum  of  thirty-two  thousand 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        ^9 

dollars  for  one  year  1907-1908,  thirty-six  thousand  dol- 
lars for  the  year  1908-1909,  thirty-eight  thousand  dol- 
lars for  the  year  1909-1910,  and  thereafter  forty  thou- 
sand dollars  annually  is  appropriated  to  said  institute, 
and  the  funds  thus  appropriated  shall  be  paid  out  of  any 
funds  in  the  treasury  of  the  State  not  otherwise  appro- 
priated, which  appropriation  shall  be  paid  on  the  requi- 
sition of  the  president  and  treasurer  of  said  institute, 
upon  the  approval  of  the  governor. 

ARTICLE  25. 

Alabama  Industmal  School  for  Girls. 

1912.  Corporxite  name;  riglits  and  powers  of. — 
"The  Alabama  Girls'  Industrial  School"  heretofore  es- 
tablished at  Montevallo,  is  a  body  corporate  under  the 
corporate  name  of  ''The  Alabama  Girls'  Technical  In- 
stitute" and  by  that  name  may  sue  and  contract,  take 
and  hold  real  and  personal  property,  and  have  all  the 
powers  of  a  corporation  established  to  carry  on  a  State 
educational  institution  of  the  highest  grade  and  rank. 

1913.  Trustees;  term  of  office;  vacancy;  how  filled. 
— The  corporation  and  school  shall  be  governed  by  a 
board  of  trustees  composed  of  the  governor,  the  super- 
intendent of  education,  one  trustee  from  every  congres- 
sional district,  and  two  trustees  from  the  State  at  large. 
The  trustees  from  the  odd  numbered  districts  shall  hold 
office  till  the  first  Monday  after  the  second  Tuesday  in 
January,  1911,  and  till  their  successors  are  appointed 
and  qualified,  who  shall  hold  office  for  a  term  of  eight 


Note — In  addition  to  the  appropriation  referred  to  in  Section  1911, 
an  Act  was  approved  April  13,  1911,  providing  for  an  appropria- 
tion of  $40,000  annually  for  the  years  1911,  1912.  1913  and  1914  for 
buildings  and  equipment,  and  a  continual  annual  appropriation  of 
$10,000  for  maintenance.  These  appropriations  are  payable  on  the 
approval  of  the  Governor  in  whole  or  in  part  from  time  to  time 
as  in  his  opinion,  the  condition  of  the  treasury  may  warrant. 


90        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

years,  and  till  their  successors  are  appointed  and  qual- 
ified. 

The  trustees  from  the  even  numbered  districts  and 
from  the  State  at  large  shall  hold  office  till  the  first 
Monday  after  the  second  Tuesday  in  January,  1915,  and 
till  their  successors  are  appointed  and  qualified,  who 
shall  hold  office  for  a  term  of  eight  years,  and  till  their 
successors  are  appointed  and  qualified,  and  thereafter 
the  term  of  office  of  every  trustee  shall  be  eight  years. 

Whenever  a  vacancy  occurs  in  the  office  of  trustee, 
the  governor  shall  appoint  a  successor,  who  shall  hold 
office  till  the  next  meeting  of  the  legislature,  when  the 
governor,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, shall  appoint  a  trustee,  who  shall  hold  office  for  the 
unexpired  term. 

Upon  the  expiration  of  the  term  of  office  of  any  trus- 
tee the  governor  shall,  by  and  with  the  advice  and  con- 
sent of  the  senate,  appoint  a  successor. 

A  trustee  shall  be  ineligible  to  be  elected  to  any  office 
by  the  board  of  trustees. 

1914.  Purposes  for  which  school  established. — The 
school  is  established  for  the  purpose  of  giving  therein 
instruction  in  the  liberal  arts  and  sciences,  and  the  fol- 
lowing academic  departments  are  established,  for  every 
one  of  which  a  professor  shall  be  selected  as  hereinafter 
provided,  namely: 

1,  English — literature  and  expression ;  2,  mathemat- 
ics; 3,  history  and  political  economy;  4,  psychology  and 
education;  5,  ancient  languages;  6,  modem  languages; 
7,  chemistry  and  geology;  8,  physics  and  astronomy;  9, 
biolog;^' — botany,  floriculture,  and  horticulture. 

And  the  following  industrial  departments  are  estab- 
lished, for  every  one  of  which  a  director  shall  be  select- 
ed as  hereinafter  provided : 

1,  Art — drawing,  painting,  and  designing;  2,  vocal 
music;  3,  instrumental  music;  4,  commercial — book- 
keeping, .stenography,  typewriting,  telegraphy;     5,  do- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  9I 

mestic  art — sewing,  millinery,  dress-making;  6,  domes- 
tic economy — cooking,  chemistry  of  foods;  7,  dairying; 
8,  physical  culture;  9,  manual  training. 

And  the  trustees  shall,  from  time  to  time,  establish 
and  maintain  departments  wherein  every  other  branch 
of  human  knowledge  or  industry  by  which  women  may 
live  shall  be  taught. 

The  trustees  may  leave  vacant  the  office  of  professor 
or  director  in  any  department,  as  the  best  interests  of 
the  school  may  require,  and  cause  instruction  to  be  given 
therein  by  some  competent  instructor  selected  as  the 
professors  and  directors  are  selected. 

The  president,  professors,  and  directors  shall  consti- 
tute the  faculty  of  the  school. 

1915.  Powers  to  confer  honorary  degrees ^  diplomas ^ 
certificates,  etc. — The  trustees  of  the  school,  by  and 
with  the  advice  and  consent  of  the  president  and  facul- 
ty, may  confer  regular  and  honorary  degrees  upon  such 
persons  as  they  deem  worthy  thereof,  and  may  grant 
and  confer  degrees,  diplomas,  or  certificates  of  profi- 
ciency or  distinction  upon  such  students  as  may  be  en- 
titled thereto  under  the  laws  established  by  the  trustees 
governing  this  subject. 

1916.  President;  election  and  qualificatioiv  of. — The 
trustees  shall  elect  a  president  for  a  term  to  be  fixed  by 
them,  who  shall  not  be  removed  during  the  term  for 
which  he  is  elected,  except  for  just  cause,  which  shall  be 
explicitly  set  forth  in  writing  in  the  minutes  of  the  pro- 
ceedings of  the  trustees  and  approved  by  a  majority  of 
all  trustees.  No  person  shall  be  eligible  to  the  office  of 
president  unless  he  is  a  graduate^  some  college  or  uni- 
versity of  well-known  high  standing,  an  educator  by 
profession,  of  good  moral  character,  and  possessing 
good  business  and  administrative  qualifications,  and  if 
a  man,  must  be  a  married  man.  The  trustees  shall  fix 
the  salary  of  the  president  before  electing  a  person  to 


92  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

the  office,  and  shall  not  decrease  the  amount  thereof 
during  the  term  of  office  without  the  consent  of  the  pres- 
ident. 

1917.  Departments;  professors  and  directors;  how 
chosen. — The  trustees  shall  establish  such  additional  de- 
partments, academic  and  industrial,  in  the  school  as 
they  deem  necessary  and  proper,  and  fix  the  salary  or 
compensation  to  be  paid  to  the  professors,  directors,  and 
instructors  therein.  The  president  of  the  school  shall 
by  and  with  the  advice  and  consent  of  the  board  of  trus- 
tees, appoint  all  the  professors,  directors,  and  instruc- 
tors of  all  the  departments  of  the  school.  Whenever 
a  nomination  is  rejected  by  the  trustees  the  president, 
if  he  so  desires,  shall  have  reasonable  time  within  which 
to  make  another  nomination,  but  he  shall  not  have  the 
power  to  nominate  any  person  rejected  within  one  year 
thereafter.  Should  the  president  fail  or  refuse  to  nomi- 
nate any  one  to  be  a  professor,  director,  or  instructor, 
the  trustees  shall  elect  such  professors,  directors,  and 
instructors  as  they  deem  necessary  or  proper. 

1918.  Secretary  of  trustees.— -The  trustees  shall  elect 
a  secretary,  who  shall  hold  office  for  the  term  and  re- 
ceive such  compensation  as  may  be  fixed  by  the  trustees, 
and  shall  perform  such  services  as  may  be  required  of 
him. 

1919.  Treasurer;  election^  dutieSy  and  bond  of. — The 
trustees  shall  elect  a  treasurer,  who  shall  not  be  a  trus- 
tee, who  shall  receive,  hold,  and  pay  out  all  moneys  be- 
longing to  the  school,  or  that  may  be  paid  in  for  the  nec- 
essary expenses  of  any  student  in  the  school,  or  for  her 
use  and  benefit,  and  the  treasurer  shall  hold  office  for 
the  term  and  receive  such  compensation  as  may  be  fixed 
by  the  trustees.  Before  entering  upon  his  duties,  the 
treasurer  must  give  bond  in  such  penalty  as  the  trus- 
tees may  fix,  payable  to  ^The  Alabama  Girls'  Industrial 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  93 

School,"  with  conditions  that  he  will  faithfully  receive, 
safely  keep,  and  lawfully  pay  out,  and  promptly,  fully, 
and  fairly  account  for  all  moneys  or  choses  in  action 
which  may  come  to  him  by  virtue  of  his  office,  and  the 
trustees  may  require  a  new  bond,  or  an  additional  bond, 
whenever  they  judge  that  the  interest  of  the  school  re- 
quires it. 

1920.  Femoval  of  treasurer. — Whenever  the  funds  in 
the  hands  of  the  treasurer,  or  about  to  be  received  by 
him,  are  in  danger  of  being  lost,  the  trustees  may  re- 
move the  treasurer  from  office  and  take  from  him  all 
funds  and  choses  in  action  belonging  to  the  school  or 
any  pupil  therein,  and  may,  in  that  event,  appoint  a 
temporary  custodian  with  bond  or  security  to  hold  such 
funds. 

1921.  Books  of  insiiUition  kept ;  must  he  open  to  in- 
b'peetion. — The  secretary,  treasurer,  and  all  other  offi- 
cers, agents,  or  servants  of  the  school  who  are  required 
to  keep,  use,  or  dispose  of  any  property  or  supplies  of 
the  school,  shall  keep  accounts  of  their  transactions  in 
books  to  be  furnished  them  by  the  trustees,  which  shall 
at  all  times  be  open  to  the  inspection  and  examination 
of  the  president,  the  trustees,  or  any  one  appointed  by 
the  trustees  thereto,  and  any  person  withholding  such 
Ivook  or  books  belonging  to  the  .school  from  the  inspec- 
tion of  any  officer  entitled  to  examine  the  same,  shall  be 
immediately  removed  from  his  office  or  employment  by 
the  president  or  trustees. 

1922.  Pupils  admitted;  qnalifieations  of. — Any  white 
girl  residing  in  Alabama,  of  good  moral  character,  in 
good  health,  and  of  sufficient  physical  and  mental  devel- 
opment, to  be  judged  of  by  the  president,  and  over  the 
age  of  fifteen  years,  ^^'ho  shall  comply  with  all  the  re- 
quirements prescribed  by  the  trustees,  may  be  admitted 
into  the  school,  and  upon  completing  the  course  of  study 


94  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

prescribed  at  the  time  of  her  admission,  to  the  satisfac- 
tion of  the  faculty,  shall  receive  the  degree  and  dijjloma 
or  certificate  she  may  have  earned.  Whenever  the  ac- 
commodations of  the  school  are  sufficient  to  admit  more 
students  than  apply  from  Alabama,  then  students  from 
other  states,  territories,  or  foreign  countries  may  be  re- 
ceived and  instructed  in  the  school  upon  such  terms  and 
conditions  as  ma^^  be  imposed  by  the  trustees. 

1923.  Property  exempt  from  taxation. — The  proper- 
ty of  the  school,  of  every  kind  and  description,  shall  for- 
ever be  exempt  from  all  taxes,  municipal,  county,  or 
State,  and  from  all  local  assessments.  The  president, 
and  all  other  teachers  and  officers,  who  may  be  men,  are 
exempt  from  jury  duty  and  from  working  public  roads 
or  streets ;  and  the  salary,  wages,  or  compensation  of  all 
officers,  teachers,  and  servants  of  the  school  shall  be  ex- 
empt from  the  process  of  garnishment  or  attachment. 

1924.  Scholarships. — Every  trustee  of  the  school 
shall  have  the  right  to  appoint  one  student  possessing 
the  qualifications  hereinbefore  prescribed,  who  shall  be 
boarded  and  instructed  in  the  school  free  of  all  charges 
for  board,  washing,  lights,  books,  and  incidental  fees, 
but  a  student  shall  not  be  eligible  to  appointment  for 
more  than  four  years,  nor  shall  any  girl  be  appointed 
under  this  provision  who  is  able  to  pay  for  her  educa- 
tion, or  whose  parents,  or  either  of  them,  have  the  abil- 
ity to  pay  for  her  education  in  the  school. 

1925.  Duties  of  students. — As  far  as  may  be  practi- 
cable students  in  the  school  shall  be  employed  in  giving 
assistance  in  any  department  of  work  of  the  school  to 
enable  them  to  obtain  instruction  therein,  but  students 
shall  be  employed  only  in  cases  and  to  the  extent  that 
they  may  be  able  to  render  efficient  service  without  in- 
jury to  themselves  or  to  the  school. 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  95 

1926.  Rights  confirmed^  etc. — All  rights  of  property 
in  action  which  may  have  accrued  to  the  school  before 
the  adoption  of  this  code  are  confirmed  and  preserved, 
and  no  grant  or  gift  of  any  valuable  thing  or  right  shall 
fail  by  reason  of  a  mistake  in  the  name  of  this  corpora- 
tion or  school ;  provided  the  intention  to  grant  or  give 
to  this  school  may  be  derived  from  the  words  used  in 
designating  the  beneficiary  or  grantee.  All  rights,  pow- 
ers, and  remedies  granted  in  and  by  an  act  to  create  and 
establish  an  industrial  school  in  the  State  of  Alabama 
for  white  girls,  approved  February  21,  1893,  and  any 
act  amendatory  thereof,  are  confirmed  and  preserved. 

1927.  Instruction  free. — Instruction  in  the  school 
shall  be  given  without  charge  to  all  pupils  admitted  who 
are  residents  of  this  State. 

1928.  Power  to  condemn  property. — Whenever  the 
school  needs  any  land  near  the  school  for  any  purpose 
of  the  school,  and  the  owner  thereof  is  a  minor  or  an 
insane  person,  or  refuses  to  sell  the  land  to  the  State 
for  the  use  of  the  school,  the  trustees  shall  have  author- 
ity to  institute  in  the  probate  court  of  Shelby  county 
proceedings  in  the  name  of  the  State  of  Alabama,  to 
condemn  such  land,  which  proceedings  shall  be  conduct- 
ed as  near  as  may  be  possible  in  accordance  with  the 
provisions  of  sections  3860-3903  (1712-1742)  of  the 
Code.  It  shall  be  the  duty  of  the  trustees  to  pay  out  of 
the  funds  of  the  school  all  costs  of  every  condemnation 
proceeding  instituted  by  them  under  the  power  hereby 
conferred. 

1929.  Appropriation  for  girls^  industrial  school. — 
For  the  regular  maintenance  of  the  Alabama  Girls'  In- 
dustrial School  there  is  appropriated,  annually,  thirty- 
six  thousand  dollars^  to  be  paid  in  quarterly  install- 
ments of  nine  thousand  dollars  to  the  treasurer  of  the 
school  upon  the  order  of  the  president  of  the  school. 


96  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

1930.  Title  to  and  sale  of  lands  of  industrial  school 
for  girls. — The  title  to  all  lands  granted  by  the  congress 
of  the  United  States  to  the  State  of  Alabama,  ''for  use 
of"  said  industrial  school,  is  retained  until  the  trustees 
of  the  school  shall  sell  the  same,  which  sale  shall  be 
made  only  with  the  approval  of  the  governor,  and  when 
any  sale  shall  have  been  made,  the  governor,  upon  the 
request  of  the  trustees,  shall  convey  the  lands  sold  to 
the  purchaser,  and  all  the  proceeds  arising  from  the 
sale  of  lands  shall  be  paid  into  the  treasury  of  the  State 
to  remain  forever  as  a  fund  for  the  use  of  the  school, 
and  upon  which  there  shall  be  paid  to  the  school  inter- 
est at  the  rate  of  six  per  cent,  per  annum,  in  quarterly 
installments. 

1931.  Deposits  of  proceeds  of  sales,  leases^  etc.,  of 
school  lands;  payment  of  expenses  of  selling,  etc. — The 
proceeds  of  all  lands  sold  or  leased  by  the  Alabama 
Girls'  Industrial  School  shall  be  paid  into  the  State 
treasury,  and  the  school,  out  of  the  money  appropriated 
by  the  State  for  the  maintenance  of  the  school,  shall 
pay  all  the  expenses  of  caring  for,  protecting,  and  sell- 
ing the  lands. 

1932.  Interest  on  land  fund  paid  quarterly. — On  the 
last  day  of  every  quarter  the  State  treasurer  shall  pay 
to  the  treasurer  of  the  Alabama  Girls'  Industrial 
School,  upon  the  order  of  the  president  of  the  school,  in- 
terest at  the  rate  of  six  per  cent  per  annum  on  the  whole 
amount  of  the  fund  in  the  State  treasury  at  the  close 
of  every  quarter,  arising  from  the  sale  of  lands,  and 
upon  every  sum  paid  into  the  State  treasury  before  the 
current  quarter  upon  which  interest  has  never  been 
paid;  and  all  laws  or  parts  of  laws  in  conflict  herewith 
are  hereby  expressly  repealed.  It  being  the  purpose  and 
intent  of  the  State  of  Alabama  to  execute  in  good  faith 
the  trust  reposed  in  it  by  congress  when  granting  the 
lands  to  the  State  for  the  benefit  of  the  school,  and  to 


PUBLIC    SCHOOL    lAWS    OF    ALABAMA.  97 

preserve  the  proceeds  arising  from  the  lease  or  sales  of 
the  lands  of  the  school  so  granted  by  congress  as  a  fund 
forever,  arid  to  pay  the  interest  thereon  for  the  support 
iind  maintenance  of  the  school. 


ARTICLE  26. 
Alabama  Institute  for  the  Deaf. 

1933.  (3698)  (1086)  (1311)  (1025)  Educational 
institutions  for  the  deaf  established. — There  is  estab- 
lished in  this  State  and  located  at  Talladega,  an  institu- 
tion for  the  education  of  the  deaf,  called  the  Alabama 
School  for  the  Deaf. 

1934.  (3699)  (1087)  (1312)  (1026)  Incorporation 
of  such  institution. — The  governor,  the  superintendent 
of  education,  and  eleven  other  persons,  appointed  as 
hereinafter  provided,  are  made  a  body  corporate,  with 
the  rights  of  succession  forever,  by  the  name  of  the  Ala- 
bama School  for  the  Deaf;  and  such  corporation  may 
acquire  and  hold  property,  real  and  personal,  by  gift, 
devise,  or  any  other  manner,  for  the  purpose  of  its  crea- 
tion; may  sue  and  contract;  may  have  and  use  a  com- 
mon seal;  break  or  alter  the  same  at  pleasure,  and  may 
have  all  the  powers  necessary  and  proper  to  accomplish 
the  purposes  of  this  article. 

1935.  (300)  (1088  )  (1313)  ^(1027)  Eleven  trustees 
appointed  hy  the  governor;  hoard  of  trustees. — Such 

Note— On  April  12,  1911,  an  Act  was  passed  making  an  appro- 
priation of  $50,000  annually  for  the  years  1911,  1912,  1913  and  1914 
to  be  used  in  the  construction  of  buildings,  furnishing  class  rooms, 
laboratories,  dormitory,  and  other  buildings  and  improvements.  This 
appropriation  is  made  payable  on  the  approval  of  the  Governor  in 
whole  or  in  part  from  time  to  time  as  in  his  opinion  the  condition 
of  the  treasury  may  warrant. 

7  SL 


^8  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

board  of  trustees  shall  consist  of  the  governor,  the  su- 
perintendent of  education,  and  eleven  other  persons, 
who  shall  be  appointed  by  the  governor  and  confirmed 
by  the  senate  at  the  meeting  of  the  legislature  next  fol- 
lowing such  appointment,  and  if  any  appointment  by 
the  governor  is  rejected  by  the  senate,  the  governor  must 
again  appoint  until  the  full  number  of  appointments  at 
such  time  is  complete;  and  in  case  of  a  vacancy  on  said 
board  by  death  or  resignation  of  a  member,  or  from  any 
cause  other 'than  the  expiration  of  his  term  of  office,  the 
governor  may  fill  the  vacancy  by  appointment,  which 
shall  be  good  until  the  next  meeting  of  the  legislature, 
and  until  his  successor  is  duly  appointed  and  con- 
firmed. Each  trustee  shall  hold  office  for  a  term  of  six 
years.  The  board  shall  consist  of  three  members  from 
the  congressional  district  in  which  the  school  is  located, 
and  one  from  each  of  the  other  congressional  districts 
in  the  State.  The  three  members  from  the  district  in 
which  the  school  is  located  shall  be  appointed  from  Tal- 
ladega county.  The  board  shall  be  divided  into  three 
classes.  The  members  from  the  first,  second,  third,  and 
one  member  from  the  fourth  district,  shall  compose  the 
first  class.  The  members  from  the  fifth,  six,  and  one 
member  from  the  fourth  district,  shall  compose  the  sec- 
ond class.  The  members  from  the  seventh,  eighth,  ninth, 
and  one  member  from  the  fourth  district,  shall  compose 
the  third  class.  Successors  to  those  trustees  whose 
terms  expire  in  1908  shall  hold  office  until  1914;  suc- 
cessors to  those  trustees  whose  terms  expire  in  1910 
shall  hold  office  until  1916 ;  successors  to  those  trustees 
vrhose  terms  expire  in  1912  shall  hold  office  until  1918; 
and  thereafter  their  successors  shall  hold  office  for  a 
term  of  six  years ;  and  the  members  of  the  board  of  trus- 
tees, as  now  constituted  and  elected,  shall  hold  office 
until  their  respective  terms  expire  under  existing  law; 
and  until  their  successors  are  appointed  and  confirmed 
as  herein  required.    No  trustees  shall  receive  any  pay  or 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        9C) 

emolument  other  than,  his  actual  expenses  incurred  in 
the  discharge  of  his  duties  as  such.  These  eleven  per- 
sons, and  the  governor  and  the  superintendent  of  edu- 
cation, constitute  a  board  of  trustees  who  shall  have 
entire  management  and  control  of  such  institution. 

1936.  (3701)  (1089)  (1314)  (1028)  Quorum  and 
meetings  of  hoard;  secretary  and  treasurer. — A  major- 
ity of  such  board  may  act,  and  may  meet  and  adjourn 
from  time  to  time  as,  in  their  judgment,  the  interest  of 
the  institution  may  require.  They  must  appoint  a  sec- 
retary and  keep  a  complete  record  of  all  their  proceed- 
ings in  a  well-bound  book;  and  they  shall  also  appoint 
a  treasurer,  who  shall  not  be  a  trustee,  who  shall  give 
bond  in  such  amount  as  the  board  may  determine,  and 
with  such  sureties  as  they  may  deem  sufficient,  for  the 
faithful  discharge  of  his  duties  as  such  treasurer;  and 
he  and  his  sureties  shall  be  responsible  for  all  funds 
which  may  come  into  his  hands  by  virtue  of  his  office. 

1937.  (3702)  (1090)  (1315)  (1029)  Duties  of  treas^ 
iirer. — The  treasurer  must  pay  over  such  funds  as  may 
come  into  his  hands  as  such  on  the  written  order  of  the 
principal  of  the  school,  countersigned  by  the  secretary 
and  recorded  in  the  minutes  or  records  of  the  proceed- 
ings of  the  board,  kept  by  such  secretary,  and  the  treas- 
urer shall  make  a  full  report  at  the  close  of  the  fiscal 
year,  and  oftener,  if  required  by  the  governor. 

1938.  (3703)  (1091)  (1316)  (1030)  President' of 
hoard;  teachers;  compensation  of  officers. — The  board 
must  appoint  from  their  number  a  president,  and  they 
must  also  appoint  a  principal  teacher  for  such  institu- 
tion, Avho  may  nominate  to  the  board  such  other  assist- 
ants in  the  institution  as  he  may  think  necessary  for  its 
successful  management,  such  board  having  power  of 
confirmation    or   rejection.     The   board    must   fix    the 


100  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

amount  of  compensation  for  each  of  the  officers  and 
teachers,  and  the  time  of  payment. 

1939.  (3704)  (1094)  (1319)  (1032)  Ohject  of  the 
school;  application  and  admission ;  term  of  pujnlage. — 
The  object  of  such  school  shall  be  to  afford  the  means 
of  education  to  the  deaf  of  the  State.  x\ll  deaf  children 
of  the  State  between  the  ages  of  seven  and  twenty-one, 
who  are  of  sound  mind,  free  from  disease,  and  of  good 
character,  may  be  admitted  to  the  benefits  of  this  school. 
All  applicants  must  make  satisfactory  proof  to  the  board 
of  trustees  that  they  are  citizens  of  the  State,  and  that 
they  are  proper  candidates  for  admission.  Proof  may  be 
made  by  the  applicant  in  person,  or  by  next  friend,  or 
by  affidavit  of  any  person  cognizant  of  the  facts,  before 
the  probate  judge  or  notary  public.  The  length  of  time 
which  any  pupil  may  continue  in  school  shall  not  exceed 
ten  years.  Provided,  however,  that  the  board  of  trus- 
tees may  increase  the  term  of  a  pupil  from  year  to  year 
upon  recommendation  of  the  principal,  to  not  exceeding 
four  additional  years,  and  no  pupil  shall  be  retained  in 
school  after  having  passed  the  age  of  twenty-five.  No 
pupil  shall  be  retained  in  school  after  it  has  been  ascer- 
tained that  such  pupil  has  ceased  to  make  progress  or 
is  not  being  benefited.  Any  pupil  may  be  dropped  at 
any  time  for  cause  by  the  board  of  trust (^s. 

1940.  (3708)  (1098)  (1323)  Selection  and  powers  of 
executive  committee. — The  board  may  select  from  their 
number  an  executive  committee  of  three,  subject  to 
change  and  removal  by  the  majority  of  the  board  at 
any  time;  and  such  committee  is  authorized  to  meet 
and  transact  any  business  that  may  be  transacted  by 
a  majority  of  the  board;  and  whatever  acts  such  com- 
mittee may  do  shall  be  considered  as  done  by  the  whole 
board. 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  IQl 

1941.  (3710)  Appropriations  for  each  pupil. — For 
the  maintenance  and  the  support  of  the  Alabama  School 
for  the  Deaf  the  sum  of  two  hundred  and  thirty-five 
dollars  per  pupil  is  hereby  annually  appropriated  out 
of  any  money  in  the  treasury  not  otherwise  appropri- 
ated, such  an  appropriation  to  be  based  upon  the  num- 
ber of  pupils  enrolled  on  the  first  day  of  January  in  each 
year,  and  to  be  drawn  quarterly  in  advance  by  the  treas- 
urer of  the  board,  and  disbursed  as  directed  by  them. 

1942.  (3711)  Property  to  he  insured  and  kept  in 
repair;  appropriation  therefor. — The  board  of  trustees 
must  provide  good  and  sufficient  insurance,  payable  to 
the  State  of  Alabama,  upon  the  property  of  the  State 
and  under  their  control,  and  keep  and  maintain  such 
property  in  good  repair ;  and  for  these  purposes  there  is 
annually  appropriated  the  sum  of  three  thousand  dol- 
lars (|3,000)  to  be  drawn  as  appropriations  for  the  sup- 
port of  the  institute  are  drawn.  Such  appropriation 
shall  be  expended  only  for  the  purpose  herein  speci- 
fied. 


AKTICLE  27. 
Alabama  Academy  for  the  Blind. 

1943.  (3712)  Educational  institution  for  the  blind 
established. — There  is  established  in  this  State  and  lo- 
cated at  Talladega,  an  institution  for  the  education  of 
the  blind,  called  the  Alabama  School  for  the  Blind. 

1944.  (3713)  Control  and  management. — Such  in- 
stitution is  under  the  control  and  management  of  the 
board  of  trustees  of  the  Alabama  School  for  the  Deaf, 
who  may  prescribe  rules  and  regulations  for  the  conduct 
of  the  same.  The  principal  for  the  Alabama  School  for 
the  Deaf  is  the  chief  executive  officer. 


J[02  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

1945.  (3714)  Objects  of  scJiool;  application  and  ad- 
mission; term  of  pupilage. — The  object  of  such  school 
shall  be  to  afford  means  of  education  to  the  blind  of  the 
State.  All  blind  children  of  the  State  between  the  ages 
of  seven  and  twenty-one  who  are  of  sound  mind,  free 
from  disease,  and  of  good  moral  character  may  be  ad- 
mitted to  the  benefits  of  this  school.  All  applicants 
must  make  satisfactory  proof  to  the  board  of  trustees 
tliat  they  are  citizens  of  the  State,  and  that  they  are 
proper  candidates  for  admission.  Proof  may  be  made 
by  the  applicant  in  person,  or  by  next  friend,  or  by 
affidavit,  or  by  affidavit  of  any  person  cognizant  of  the 
facts,  before  a  probate  judge  or  notary  public.  The 
length  of  time  which  any  pupil  may  continue  in  school 
shall  not  exceed  ten  years;  provided  the  board  of  trus- 
tees may  increase  the  term  of  any  pupil  from  year  to 
year,  upon  the  recommendation  of  the  principal,  to  not 
exceeding  four  additional  years.  And  no  pupil  shall  be 
retained  in  school  after  having  passed  the  age  of  twenty- 
five.  No  pupil  shall  be  retained  in  school  after  it  has 
been  ascertained  that  such  pupil  has  ceased  to  make 
progress  or  not  being  benefited.  Any  pupil  may  be 
dropped  at  any  time  for  cause  by  the  board  of  trus- 
tees. 

1946.  (3716)  Appropriations  for  each  pupil. — For 
the  maintenance  and  support  of  the  Alabama  School  for 
the  Blind  the  sum  of  two  hundred  and  thirty  dollars  per 
pupil  is  hereby  annually  appropriated,  such  appropria- 
tion to  be  based  upon  the  number  of  pupils  enrolled  on 
the  first  day  of  January  of  each  year,  and  to  be  drawn 
quarterly  in  advance  by  the  treasurer  of  the  board,  and 
disbursed  as  directed  by  them. 

1947.  (3717)  Officers  and  teachers. — All  officers  and 
teachers  of  such  institution  must  be  appointed,  and  the 
salaries  fixed  and  paid  in  like  manner  as  the  officers  and 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  J[03 

teachers  of  the  Alabama  School  for  the  Deaf  are  ap- 
pointed and  their  salaries  are  fixed  and  paid. 

1948.  (3719)  Laws  relating  to  the  Alabama  school 
for  the  Deaf  applicable. — All  laws  now  in  force  or  here- 
after enacted  relating  to  the  admission  of  pupils  and 
the  management  and  control  of  the  Alabama  School  for 
the  Deaf  are  applicable  to  the  Alabama  School  for  the 
Blind,  except  so  far  as  such  laws  may  be  inconsistent 
with  the  provisions  of  this  article. 


ARTICLE  28. 

Alabama  School  for  Negro  Deaf  Mutes  and  Bltnd. 

1949,  (3720)  Educational  institutions  for  negro  deaf 
<ind  blind  established. — There  is  established  in  this  State 
and  located  at  Talladega,  an  institution  for  the  educa- 
tion of  negro  deaf  and  blind,  called  the  Alabama  School 
for  Negro  Deaf  and  Blind. 

■  1950.  (3721)  Control  and  management. — Such  in- 
stitution is  under  the  control  and  management  of  the 
hoard  of  trustees  of  the  Alabama  School  for  the  Deaf, 
who  may  prescribe  rules  and  regulations  for  the  con- 
duct of  the  same.  The  principal  of  the  Alabama  School 
for  the  Deaf  is  the  chief  executive  officer. 

1951.  (3723)  Object  of  school;  application  and  ad- 
mission; term  of  pupilage. — The  object  of  such  school 
shall  be  to  afford  the  means  of  education  to  the  negro 


j^Tote— On  April  11,  1911,  an  Act  was  passed  making  an  appro- 
priation of  $65,000  to  the  Alabama  schools  for  the  deaf  and  blind 
for  the  purpose  of  providing  additional  land  and  the  erection  and 
equipment  of  buildings  and  the  installation  of  a  steam  heating  sys- 
tem. This  appropriation  is  to  be  paid  in  four  annual  payments  due 
October  1,  1911,  October  1,  1912,  October  1,  1913  and  October  1,  1914. 


104  PUBLIC    SCHOOL   LAWS   OF   ALABAMA. 

deaf  and  blind  of  the  State.  All  negro  deaf  and  blind 
children  between  the  ages  of  seven  and  twenty-one  who 
are  of  sound  mind,  free  from  disease,  and  of  good  char- 
acter, ma3^  be  admitted  to  the  benefits  of  the  school.  All 
applicants  must  make  satisfactory  proof  to  the  board  of 
trustees  that  they  are  citizens  of  the  State,  and  that  they 
are  proper  candidates  for  admission.  Ptoof  may  be 
made  by  the  applicant  in  person,  or  by  next  friend,  or 
by  affidavit  of  any  person  cognizant  of  the  facts,  before 
a  probate  judge  or  notary  public.  The  length  of  time 
which  any  pupil  may  continue  in  school  shall  not  ex- 
ceed ten  years;  provided,  the  board  of  trustees  may  in- 
crease the  term  of  a  pupil  from  year  to  year,  upon  the 
recommendation  of  the  principal,  to  not  exceeding  four 
additional  years.  No  pupil  shall  be  retained  in  school 
after  having  passed  the  age  of  twenty-five.  No  pupil 
shall  be  retained  in  school  after  it  has  been  ascertained 
that  such  pupil  has  ceased  to  make  progress,  or  is  not 
being  benefited.  Any  pupil  may  be  dropped  at  any  time 
for  cause  b}^  the  board  of  trustees. 

1952.  (3725)  Appropriations  for  each  pupil. — For 
tlie  maintenance  and  support  of  the  Alabama  School  for 
Negro  Deaf  and  Blind  the  sum  of  two  hundred  and  thir- 
ty dollars  per  pupil  is  hereby  annually  appropriated, 
such  an  appropriation  to  be  based  upon  the  number  of 
pupils  enrolled  on  the  first  day  of  January  in  each  year, 
and  to  be  drawn  quarterly  in  advance  by  the  treasurer 
of  the  board,  and  disbursed  a.s  directed  by  them. 

1953.  (3726)  Laws  relating  to  the  Alabama  School 
for  the  Deaf  appUcahle. — All  laws  now  in  force  or  here- 
after enacted  relating  to  the  admission  of  pupils  and 
the  management  and  control  of  the  Alabama  School  for 
the  Deaf,  are  applicable  to  the  Alabama  School  for  Ne- 
gro Deaf  and  Blind,  except  so  far  as  such  laws  may  be 
inconsistent  with  the  provisions  of  this  article. 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  105 

ARTICLE  29. 

Reformatory  and  Industrial  School. 

1954.  Corporate  name;  rights  amd  powers. — There 
is  established  a  reformatory  and  industrial  school,  un- 
der the  name  and  style  of  the  "Alabama  Industrial 
School,"  which  is  a  body  corporate,  and,  as  such,  shall 
have  perpetual  succession,  may  sue,  and  may  have  and 
use  a  common  seal,  which  it  may  change  or  alter  at  its 
pleasure,  and  may  acquire  by  purchase,  or  by  condemna- 
tion proceedings  in  the  probate  court  of  Jefferson  coun- 
ty, in  the  name  of  the  State  of  Alabama,  such  property, 
real  and  personal,  as  may  be  necessary  or  proper  for  its 
purposes,  and  may  have  and  exercise  all  such  powers 
and  privileges  as  may  be  necessary  or  proper  for  carry- 
ing out  the  purposes  of  its  organization,  as  herein  de- 
clared. 

1955.  Directors  nominated  by  governor;  term  of  of- 
fice. — The  business,  property,  and  affairs  of  the  corpo- 
ration shall  be  under  the  management  and  control  of 
a  board  of  directors,  which  shall  consist  of  seven  ladies 
and  the  governor,  the  commissioner  of  agriculture  and 
industries,  and  the  attorney-general  of  the  State,  who 
shall  be  ex  officio  directors.  The  ladies  constituting  the 
first  board  of  directors  shall  be  nominated  by  the  gov- 
ernor and  confirmed  by  the  senate,  and  those  thus  nom- 
inated and  confirmed  shall  hold,  two  for  two  years,  two 
for  four  years,  and  three  for  six  years;  those  holding 
for  these  respective  terms  to  be  designated  by  the  gov- 
ernor in  making  nominations  therefor  to  the  senate. 
Thereafter  the  lady  members  of  said  board  shall  be  elect- 
ed by  the  continuing  members  thereof  at  the  expiration 
of  their  respective  terms;  and  all  vacancies  caused  by 
death,  resignation,  or  otherwise,  shall  be  filled  by  the 
board.    The  term  of  office  of  each  member  of  the  board, 


106  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

after  the  expiration  of  the  first  term,  shall  be  for  six 
years. 

1956.  Officers^  agents^  and  employees. — The  board  of 
directors  shall  elect  a  president,  vice-president,  secre- 
tary, and  treasurer,  and  such  other  officers,  agents,  and 
employees  as  to  them  shall  seem  necessary  or  expedient, 
Avhose  term  of  office  of  employment  shall  be  for  such 
time  as  the  board  may  prescribe;  and  the  board  may 
remove  any  such  officer,  agent,  or  employee  at  any  time, 
with  or  without  cause.  The  board  may  also  fill  all  va- 
cancies occurring  in  any  such  offices. 

1957.  By-laws. — The  board  of  directors  may  make 
such  by-laws,  rules,  and  regulations,  not  inconsistent 
with  the  laws  of  this  State,  as  shall  be  necessary  or  ex- 
pedient for  the  government  and  management  of  said 
institution,  and  of  its  officers,  agents,  and  employees, 
with  power  to  alter,  modify,  change,  or  repeal  the  same. 

1958.  Meetings  of  the  hoard. — The  board  shall  meet 
annually,  at  such  time  and  at  such  place  as  may  be 
prescribed  by  the  by-laws ;  and  special  meetings  may  be 
held  at  the  call  of  the  president,  or  of  the  governor,  or 
of  a  majority  of  the  lady  directors,  upon  such  notice  as 
may  be  prescribed  by  the  by-laws. 

1959.  White  children  between  ages  of  six  and  eigh- 
teen provided  for. — Said  school  shall  receive,  care,  and 
provide  for  the  welfare  of  white  boys  between  the  ages 
of  six  and  eighteen,  who,  by  their  course  of  conduct  or 
surroundings,  are  likely  to  become  base  or  criminal,  or 
hurtful  to  the  State  or  the  best  interests  of  society,  to 
be  committed  to  the  keeping  of  said  school  under  the 
provisions  of  this  article,  or  who  may  be  voluntarily 
committed  to  its  keeping  by  the  parent  or  parents,  or 
person  having  them  in  charge,  or  who,  having  no  parent. 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  1()7 

gTiardiaD,  or  other  person  to  care  for  them,  voluntarily 
commit  themselves  to  its  keeping.    • 

1960.  Commitment  of  children  to  reformatory. — Any 
justice  of  the  supreme  court,  chancellor,  judge  of  pro- 
bate, circuit  judge  or  judge  of  any  city  or  criminal 
court  of  this  State,  may  cause  to  be  brought  before  him, 
upon  his  own  motion,  or  the  sworn  complaint  of  anoth- 
er, any  white  boy  between  the  ages  of  six  and  eighteen 
years,  who  may  come  within  any  of  the  following  de- 
scriptions, to-wit:  Any  white  boy  who  is  begging,  or 
any  one  who  is  offering  for  sale  or  selling  anything  as  a 
mere  cover  for  begging.  Any  who  have  been  abandoned 
by  their  parents,  or  who  have  abandoned  their  parents 
and  homes,  and  have  no  visible  means  of  support.  Any 
who  do  not  attend  the  public  schools,  and  idle  away 
their  time  in  the  streets,  without  any  actual  occupation 
or  means  of  support.  Any  who  are  orphans,  and  have 
no  sufficient  or  proper  guardian  to  care  for  their  phys- 
ical, moral,  and  mental  welfare,  to  insure  the  child 
against  pauperism  and  crime.  Any  who  may  be  found 
destitute,  or  whose  parents  are  both  drunkards,  or  whose 
mother  is  a  drunkard,  lewd,  or  in  prison;  and  such  child 
is  not  supported  and  controlled.  Any  who  shall  have 
been  arrested  and  brought  before  police  courts  repeat- 
edly for  petty  offenses,  and  shall  appear  to  be  beyond 
control  of  parents.  And  upon  any  such  child  being 
brought  before  him,  such  judge  shall  proceed,  at  such 
time  as  he  may  appoint,  to  investigate  the  condition  and 
surroundings  of  such  child,  and  upon  such  investigation, 
if  he  shall  be  satisfied  that  the  child  comes  within  any 
one  of  said  descriptions,  and  that  it  would  be  for  the 
interest  of  such  child  that  he  or  she  be  committed  to 
said  institution,  he  will  make  an  order  to  that  effect  and 
commit  the  child  to  said  institution,  to  be  held  and  pro- 
vided for  under  its  rules  and  regulations.  At  any  such 
investigation,  the  judge  holding  the  same  shall  allow 


108  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

any  one  to  appear  for  the  child  and  resist  such  commit- 
ment; and  he  shall  not  make  any  such  commitment  if 
the  parent,  guardian,  or  a  person  who  is  related  to  the 
child  within  the  fourth  degree,  and  sufficiently  qualified 
in  his  opinion  to  take  care  of  and  provide  for  the  child, 
will  appear  and  agree  in  writing  to  take  care  of  and 
I^rovide  for  the  child  until  he  shall  arrive  at  the  age  of 
sixteen  years. 

1961.  Appeals  from  decision  committing  child. — • 
Any  child  brought  before  any  judge  for  such  commit- 
ment, or  any  person  for  such  child,  may  within  five  days, 
appeal  from  the  decision  of  the  judge  committing  him, 
to  the  circuit  or  city  court  held  in  the  county  in  which 
such  investigation  is  had,  upon  giving  bond,  with  suf- 
ficient sureties,  to  be  approved  by  the  judge,  and  in  such 
sum  as  may  be  fixed  by  him,  to  have  the  child  forth- 
coming when  the  appeal  is  heard;  and  if  the  appeal  be 
taken  by  any  person  for  the  child,  the  bond  shall  fur- 
ther provide  for  the  maintenance  of  the  child  until  said 
appeal  is  disposed  of.  If,  upon  hearing  of  the  appeal, 
the  decision  of  the  judge  causing  the  commitment  is  sus- 
tained, the  child  shall  be  committed  by  the  court  to  said 
institution;  but  if  that  decision  is  not  sustained,  the 
child  shall  be  discharged.  And  the  judge  before  whom 
such  investigation  is  made,  or  to  be  made,  may  issue  all 
process  that  may  be  necessary  to  have  the  child  brought 
before  him,  or  for  commitment;  and  such  process  shall 
be  executed  by  the  sheriff  of  the  county. 

1962.  Time  children  shall  he  kept  in  reformatory. — 
Any  child  committed  to  said  institution  under  the  pro- 
visions of  this  article  shall  be  kept  therein  until  he 
arrives  at  the  age  of  twenty-one  years,  unless  sooner 
dismissed  therefrom  by  the  order  of  the  board  of  direc- 
tors, or  in  pursuance  of  any  by-laws  of  the  institution, 
or  by  order  of  the  governor  of  the  State. 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  109 

1963.  Reports  to  legislature. — The  ex  officio  mem- 
bers of  the  board  shall  at  least  once  a  3  ear  visit  the  insti- 
tution and  examine  into  its  management  and  condition ; 
and  at  each  session  of  the  legislature  they  shall  make  to 
that  body  a  report  toucliing  the  institution  and  its  man- 
agement and  condition. 

1964.  Criminal  children  sentenced  to  school. — When 
any  white  boy  between  the  ages  of  seven  and  sixteen 
years  shall  have  been  tried  and  convicted  of  any  crime 
punishable  by  imprisonment  in  the  penitentiary,  or  in 
jail,  or  by  hard  labor  for  the  county,  before  any  court  of 
this  State,  the  court  may,  if  of  the  opinion  that  the  in- 
terests of  the  child  would  thereby  be  promoted,  sentence 
such  child  to  commitment  to  said  school,  in  lieu  of  such 
imprisonment,  or  hard  labor  for  the  county. 

1965.  May  receive  children  without  authority  of 
court. — Said  institution  may,  in  its  discretion,  receive 
any  child  placed  in  its  care  and  keeping  by  its  parent 
or  parents,  without  the  authority  of  any  court,  and  may 
keep  said  child  until  it  is  twenty-one  years  of  age;  but 
this  shall  not  be  done  without  first  making  provisions 
for  the  maintenance  of  said  child  under  the  rules  and 
regulations  of  said  institution. 

1966.  Exclusive  custody  of  children  toho  are  commit- 
ied. — From  the  time  of  the  lawful  reception  of  any  child 
into  the  institution,  and  during  its  stay,  said  institution 
li^hall  have  the  exclusive  care,  custody,  and  control  of 
the  child,  under  such  rules  and  regulations  as  the  board 
of  directors  may  provide. 

1967.  Instructions  given  children  committed. — The 
officers  of  said  school  shall  receive  and  take  into  it  all 
children  committed  thereto  by  competent  authority,  or 
received  therein  as  aforesaid,  and  shall  cause  all  chil- 


110  PUBLIC    SCHOOL   LAWS    OF   ALABAMA. 

dren  in  the  school  to  be  instructed  in  such  branches  of 
useful  knowledge  as  may  be  suited  to  their  years  and 
capacities.  The  boys  shall  be  taught  such  useful  trades 
as  the  board  may  direct,  and  they  shall  be  taught  ac- 
cording to  the  course  of  the  public  schools  of  the  State. 

1968.  Treasurer  of  school;  tond  of. — The  treasurer 
of  the  school  shall,  before  entering  upon  the  discharge 
of  the  duties  of  office,  execute  bond,  payable  to  the  "iVla- 
bama  Industrial  School,"  with  good  and  sufficient  sure- 
ties, and  in  such  sum  as  the  board  of  directors  may  pre- 
scribe, and  with  condition  to  faithfully  discharge  the 
duties  of  his  office. 

1969.  Detention  and  keeping  of  children;  authority 
for. — Any  commitment  under  this  article,  whether  by 
judge,  court,  or  parent,  or  other  person  having  in  charge 
the  child,  shall  be  full,  sufficient,  and  competent  author- 
ity to  the  officers  and  agents  of  said  school  for  the 
detention  and  keeping  therein  of  the  child  so  commit- 
ted. 

1970.  Convict  children  separated  from  others. — Pro- 
vision shall  be  made  for  the  care  of  convict  children, 
separate  and  apart  from  the  other  children,  so  far  as 
the  same  can  be  done  with  the  means  at  hand. 


Note — On  April  18,  1911,  an  Act  was  approved  providing  that  the- 
sum  of  $150  per  year  for  each  inmate  of  the  Alabama  Industrial 
School  for  White  Boys  be  made  for  the  years  1911,  1912.  1913  and 
1914.  Also  the  snm  of  $7,500  was  appropriated  to  pay  an  indebted- 
ness of  said  school  existing  on  December  31,  1910.  The  further  sum 
of  $30,000  was  appropriated  to  pay  for  buildings,  machinery,  equip- 
ment and  other  necessary  improvements  needed.  However,  the  va- 
rious sums  appropriated  were  made  payable  on  the  approval  of  the 
Governor  in  whole  or  in  part  from  time  to  time,  as  in  his  opinion,, 
the  condition  of  the  treasury  may  warrant. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       m 

AKTICLE  30. 

Preparatory  School  for  Mines  and  Mining. 

1971.  Incorporation  and  name. — J.  J.  Mayfield,  E. 
N.  0.  Snow,  Hugh  Morrow,  T.  H.  Aldrich,  H.  W.  De- 
Bardeleben,  J.  Collier  Foster,  and  S.  Friedman,  and 
their  successors  in  office,  are  a  body  corporate,  to  be 
known  and  styled  "A  preparatory  school  for  mines  and 
mining  for  the  State  of  Alabama,'^  for  the  purpose  of 
preparing  white  children  of  Alabama  for  the  study  and 
pursuit  of  the  science  and  art  of  mining. 

1972.  Location  and  powers  of. — The  situs  and  place 
of  business  of  said  corporation  shall  be  at  Tuscaloosa, 
Alabama;  said  corporation  may  own,  possess,  and  re- 
ceive by  gift,  purchase,  grant,  or  devise,  or  in  any  other 
manner,  real  and  personal  property,  so  long  as  the  same 
have  all  other  powers  necessary  to  carry  into  effect  and 
operation  the  objects  and  purposes  for-which  the  cor- 
poration is  established,  or  which  have  been  heretofore 
granted  by  the  State  to  other  educational  institutions 
may  be  used  for  the  school  purposes,  or  in  any  wise  con- 
tributing to  the  maintenance  or  preparing  and  instruct- 
ing the  white  children  of  the  State  in  the  arts  and  sci- 
ences of  mining.  And  the  said  corporation  may  dispose 
of  said  property  by  sale,  grant,  or  otherwise,  and  shall 
not  inconsistent  with  the  provisions  of  this  article. 

1973.  Faculty;  election  and  term  of  office. — The  trus- 
tees of  said  corporation  shall  elect  the  professors  and 
teachers  in  said  school,  and  fix  their  salaries  and  terms 
of  office,  who  shall  constitute  the  faculty  of  said  school, 
which  shall  institute  and  prescribe  a  course  of  studies 
to  be  pursued  in  said  school,  and  the  said  faculty  so  con- 
stituted may  issue  certificates  of  proficiency  to  the  stu- 
dents in  said  school.    A  majority  of  the  trustees  hereto- 


112      PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

fore  appointed  shall  constitute  a  quorum  for  the  trans- 
action of  all  business  in  behalf  of  this  corporation. 

1974.  Trustees;  classification  and  terms  of  office. — 
The  trustees  hereinbefore  appointed  and  named  shall  be 
divided  into  five  classes,  viz. :  Classes  one,  two,  three, 
four,  five  and  each  class  shall  hold  office  respectively 
for  the  terms  of  one,  two,  three,  four,  and  five  years 
each,  classification  to  be  determined  in  the  order  in 
which  they  are  named  in  the  first  section  of  this  article; 
at  the  expiration  of  the  respective  terms  of  each  of  said 
trustees  his  successor  shall  be  elected  by  a  majority  of 
the  other  trustees;  provided,  that  after  the  expiration  of 
the  term  of  the  trustees  herein  named,  in  the  manner 
herein  provided,  the  term  of  office  as  to  all  successors 
shall  be  for  five  years,  and  until  their  successors  are 
elected  and  qualified. 


ARTICLE  31. 

School  Houses. 

1975.  Aj)proprii.ti(  n  for  i-choolhouses;  clishursement 
of. — The  sum  of  sixty-seven  thousand  dollars  shall  be 
appropriated  annually,  or  so  much  thereof  as  is  neces- 
sary^, out  of  the  proceeds  arising  from  the  sale  of  fertil- 
izer tags  by  the  commissioner  of  agriculture  and  indus- 
tries, for  the  purpose  of  aiding  in  the  erection  or  repair- 
ins:  of  rural  schoolhouses  in  this  State. 

See  section  7754,  page  40;  also  opinion  of  the  Attor- 
ney General,  page  199. 


Xote— Sections  1975.  1976,  1977,  1981,  1992.  1993  and  1989  of  this 
article  were  amended  by  the  Legislature  in  1911,  but  the  Act  amend- 
ing these  sections  was  declared  to  be  unconstitutional  by  a  ruling 
of  the  Attorney  General  which  mny  be  found  on  page  199  of  this 
pamphlet. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       II3 

1976.  Limitatimi  of  appropriation  to  any  one  county. 
— Not  more  than  one  thousand  dollars  of  this  appropri- 
ation shall  be  used  or  paid  out  in  any  one  county  of  this 
State  in  a  separate  fiscal  year. 

1977.  Application  of  school  districts  for  part  of  ap- 
propriation.— The  district  trustees  of  any  school  dis- 
trict, no  part  of  which  lies  in  an  incorporated  city,  town, 
or  village,  having  secured  bona  fide  donations  or  sub- 
scriptions of  not  less  than  one  hundred  dollars  for  the 
I»urpose  of  building  or  repairing  a  public  schoolhouse 
in  their  district,  may  make  application  to  the  county  su- 
perintendent of  education  to  receive  the  benefits  of  this 
article. 

1978.  Filing  and  submitting  application  to  county 
hoard. — The  county  superintendent  of  education  shall 
file  such  application  and  make  a  record  of  same,  and 
submit  it  to  the  county  board  of  education. 

1979.  Consideration  of  application  hy  county  hoard. 
— The  county  board  of  education  shall  consider  and  in- 
vestigate all  applications  filed,  shall  approve  such  as 
•seem  just  and  necessary,  giving  preference  to  the  most 
needful. 

1980.  Record  of  consideration  of  applications;  con- 
tests.— The  board  shall  record  their  proceedings,  show- 
ing the  applications  approved  by  them,  the  amounts  of 
the  donation  or  subscription  and  the  amount  of  money 
which    the   board    recommends   to     be   given    to   such 

•district. 

1981.  Amount  of  appropriation. — The  amount  so  rec- 
ommended for  any  district  shall  in  no  case  exceed  the 
amount  secured  by  donation  and  subscriptions;  nor 
shall  the  total  for  any  schoolhouse  exceed  two  hundred 
dollars. 

-8   SL 


114  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

1982.  Plans  and  spefications  for  schoolhouses ;  how 
furnished. — No  appropriation  shall  be  made  for  the 
building  of  a  schoolhouse  unless  said  schoolhouse  is 
built  in  accordance  with  the  plans  and  specifications 
either  furnished  by  or  approved  by  the  State  superin- 
tendent of  education. 

1983.  Area  of  Schoolhouse  lot. — No  money  shall  be 
appropriated  for  the  erection  of  a  new  schoolhouse 
building  on  a  plat  of  ground  of  less  dimensions  than 
two  acres. 

1984.  County  hoard  certifies  to  State  superintendent 
of  education  application  approved. — The  county  boards 
of  education  shall  certify  to  the  superintendent  of  edu- 
cation, in  writing,  showing  the  county  from  which  ap- 
plications approved  by  them  come,  the  amount  or  sum  of 
money  recommended  by  said  board  to  be  given  to  such 
districts,  and  such  statement  shall  be  signed  by  the 
county  superintendent  of  education,  giving  his  postof- 
tice  address. 

1985.  State  superintendent  orders  wurrant;  auditor 
issues  same. — Upon  the  receipt  of  the  certificate  by  the 
superintendent  of  education,  he  shall  request  the  State 
auditor  to  draw  his  warrant  on  the  State  treasurer  for 
the  sums  or  amounts  specified  therein,  and  shall  lay  be- 
fore the  State  auditor  the  statements  and  information 
he  may  possess;  the  State  auditor  shall  draw  his  war- 
rant on  the  State  treasurer  for  the  amount  of  money  to 
be  given  to  each  school  district,  as  shown  by  the  certifi- 
cate, and  he  shall  make  each  of  said  warrants  payable 
to  the  county  superintendent  of  education  of  the  county 
wherein  such  districts  are  situated,  and  shall  indicate 
thereon  for  the  benefit  of  what  public  school  districts 
the  same  is  issued. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       II5 

1986.  Delivery  and  forwarding  of  warrants. — Such 
warrants  shall  be  delivered  to  the  superintendent  of  edu- 
cation, and  he  shall  forward  the  same  to  the  different 
county  superintendents  of  education  as  the  same  are 
payable. 

1987.  Statements  filed  and  kept. — The  statements 
from  which  said  w  arrants  are  made  up  shall  be  deliver- 
ed or  returned  to  the  State  superintendent  of  education 
by  the  State  auditor,  after  he  has  had  the  use  of  the 
same  in  the  issuance  of  said  warrants,  and  shall  be  safe- 
ly kept  in  the  office  of  the  State  superintendent  of  edu- 
cation. 

1988.  Receipts  for  warrants  and  proceeds  thereof. — 
All  persons  or  officers  receiving  any  warrant  or  the  pro- 
ceeds thereof  issued  under  this  article  shall  execute  a 
receipt  to  the  person  or  officer  from  whom  he  receives 
the  same,  describing  such  warrant. 

1989.  Payment  of  warrant  to  district  trustees. — 
Whenever  it  shall  be  shown  to  the  satisfaction  of  the 
county  superintendent  of  education  that  the  erection  or 
repair  of  a  public  schoolhouse  has  been  commenced  and 
the  amount  of  subscription  or  donation  secured  and  a 
deed  has  been  executed,  conveying  to  the  State  of  Ala- 
bama for  the  benefit  of  said  district,  the  lot  or  parcel 
of  land  on  Avhicli  said  public  schoolhouse  is  being  erect- 
ed or  repaired,  or  the  surface  and  surface  rights  therein 
free  of  encumbrance  or  lien,  the  county  superintendent 
shall  endorse  and  deliver  to  the  district  trustees  said 
warrant  and  the  amount  or  sum  of  money  named  in  the 
same  shall  be  paid  to  said  trustees  or  to  their  successors 
in  office,  the  proceeds  of  which  shall  be  applied  by  the 
trustees  to  the  building  or  repairing  of  the  public  school- 
house  for  which  such  warrant  was  issued. 


116        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

1990.  Account  tcith  each  county  to  he  hept  hy  State 
superintendent  of  education. — The  State  superintend- 
ent of  education  shall,  in  a  book  kept  by  him  for  that 
purpose,  open  an  account  with  each  county  in  this  State, 
and  shall  charge  against  that  county  the  amount  of  each 
warrant  issued  under  this  article  for  the  benefit  of  any 
of  the  public  school  districts  of  such  county. 

1991.  Warrants  not  delivered  hy  county  superintend- 
ent of  education. — Any  of  the  w^arrants  not  delivered  by 
the  county  superintendent  of  education  by  reason  of 
failure  of  the  district  to  comply  with  the  requirements 
of  this  article,  shall,  after  the  lapse  of  six  months  from 
the  receipt  of  same  by  the  county  superintendent  of  edu- 
cation, be  by  him  returned  to  the  State  superintendent 
of  education,  and  by  him  marked  cancelled,  and  if  the 
same  has  been  charged  against  the  county  in  the  book 
kept  under  the  preceding  section,  an  entry  shall  be  made 
therein  crediting  the  account  of  said  county  with  each 
of  said  cancelled  warrants. 

1992.  Unexpended  balance  carried  forward. — If,  at 
the  end  of  any  year,  the  whole  appropriation  for  that 
year  has  not  been  exhausted,  the  State  auditor  and  the 
State  treasurer  shall  carry  the  unexpended  balance  for- 
ward, and  this  balance  shall  be  available,  in  addition  to 
the  regular  appropriation  for  the  current  year. 

1993.  Warrants,  and  the  proceeds  thereof;  how  used. 
— The  proceeds  of  all  warrants  issued  under  this  article 
shall  be  used  only  for  the  erection  or  the  repair  of  the 
public  schoolhouses  in  the  district  for  the  benefit  of 
which  they  shall  be  issued,  and  it  shall  be  unlawful  to 
use  or  apply  the  same  to  any  other  purpose  whatso- 
ever. 

7754.  Schoolhouse  warrants  or  proceeds,  urrongful 
opplication  of;  penalty. — Any  person  who  shall  know- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  II7 

ingly  use  or  apply  or  authorize  the  use  or  application 
of  the  proceeds,  or  any  part  thereof,  of  any  warrant  de- 
livered to  him  under  article  31  of  chapter  41  of  this 
Code,  for  the  purpose  or  objects  other  than  as  required 
by  said  articles,  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  fined  not  less  than  two  hundred 
dollars  nor  more  than  one  thousand  dollars,  and  may 
also  be  imprisoned  in  the  county  jail  or  sentenced  to 
hard  labor  for  the  county  for  not  more  than  six  months. 

PROCEEDINGS    FOR    AND    AGAINST    COUNTY 

SUPERINTENDENTS  OF  EDUCATION. 

(CIVIL  CODE.) 

5940.  Against  county  superintendent  for  balance  in 
his  hands. — Summary  judgments  must  be  rendered  on 
motion,  after  ten  days'  notice,  in  the  circuit  court,  or 
other  court  having  jurisdiction  of  the  amount,  of  the 
county  in  which  the  defendants,  or  either  of  them,  re- 
side, against  any  county  superintendent  of  education 
who  has  resigned,  removed  from  the  county,  or  been 
legally  removed  from  office,  or  whose  term  of  office  has 
expired,  and  his  sureties,  or  any  or  either  of  them,  in 
favor  of  his  successors,  if  there  be  one,  or  if  there  be  no 
successor,  in  favor  of  the  superintendent  of  education, 
for  the  amount  of  school  moneys  belonging  to  his  coun- 
ty, which  have  not  been  legally  disbursed  by  him  or  paid 
over  to  his  successor  in  office,  with  interest  from  the 
time  of  the  default,  and  twenty  per  cent  damages  and 
costs;  and  the  money  when  recovered  by  the  superin- 
tendent of  education,  must  be  turned  over  to  the  county 
superintendent  of  education. 

5941.  Authority  to  employ  counsel. — The  county  su- 
perintendent of  education  may  employ  attorneys  to 
prosecute  actions  under  the  provisions  of  this  article 
against  such  defaulters  and  their  sureties;  but  in  no 


118        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

case  shall  any  attorney  receive  more  than  ten  per  cent 
of  the  amount  which  may  be  collected  on  any  judgment 
obtained  by  him,  or  of  the  amount  which  may  be  other- 
wise recovered  by  him. 

^942.  Notice. — The  notice  of  such  motion  may  be  serv- 
ed by  any  sheriff  of  this  State,  and  must  succinctly 
state  the  cause  for  which,  and  the  court  and  term  at 
which,  the  motion  will  be  made. 

5943.  Transcript  of  superintendent  of  education  evi- 
dence.— On  the  trial  of  such  motion,  a  transcript  from 
the  books  and  records  in  the  office  of  the  superintendent 
of  education  or  the  State  auditor,  duly  certified  under 
his  hand,  shall  be  prima  facie  evidence  of  the  facts 
shown  by  them. 

5944.  Time  and  manner  of  trial. — If  the  notice  has 
been  given  as  herein  required,  such  motion  shall  stand 
for  trial  at  the  first  term,  and  the  court  must  hear  and 
determine  the  same,  and  render  judgment  upon  the  evi- 
dence without  a  jury,  unless  a  trial  by  jury  shall  be  de- 
manded, when  a  jury  must  be  immediately  impaneled  to 
try  the  issues  of  fact,  unless  good  cause  be  shown  for  a 
continuance. 

5945.  In  favor  of  teachers  for  moneys  due  them; 
court  a/nd  notice;  appeal  from  justices'  court. — Sum- 
mary judgment  may  also  be  rendered  against  the  county 
superintendent  of  education  and  his  sureties,  or  any  or 
either  of  them,  in  favor  of  any  teacher  of  the  public 
schools,  his  legal  representative,  or  assignee,  by  motion, 
on  ten  days'  notice,  in  any  court  of  the  county  of  such 
superintendent,  of  competent  jurisdiction,  for  failing  to 
pay  over,  on  demand,  to  such  teacher  any  moneys  in  the 
hands  of  such  superintendent  due  or  owing  such  teacher, 
as  required  by  law,  for  the  amount  of  such  moneys,  with 


rUBLIC   SCHOOL  LAWS  OF  ALABAMA.  ^g 

interest  from  the  time  of  the  demand,  and  ten  per  cent, 
damages  on  the  aggregate  amount,  and  costs;  but  from 
all  cases  tried  before  a  justice  of  the  peace,  or  notary 
public  ex-officio  justice  of  the  peace,  either  party  shall 
have  the  right  to  appeal  as  provided  by  law  in  other 
cases  decided  before  such  officer. 


€ITY  AND  TOWN  SCHOOLS  UNDER  MUNICIPAL 
GOVERNMENT. 

1348.  Schools;  regulation  of. — Cities  and  towns  shall 
li.ave  power  to  establish,  maintain,  and  regulate  public 
schools  in  which  children  from  seven  to  twenty-one  years 
of  age,  bona  fide  residents  of  and  living  within  the  cor- 
porate limits  of  such  city  or  town,  shall  be  entitled  to 
admission ;  and  non-residents  shall  be  admitted  on  such 
terms  as  the  board  of  education  may  prescribe,  and  sep- 
arate schools  shall  be  provided  for  children  of  African 
descent. 

1349.*  Education;  hoard  of. — In  cities  having  a  popu- 
lation of  six  thousand  or  more,  the  management  and 
control  of  the  public  schools  therein  shall  be  vested  in 
a  board  of  education,  which  shall  be  composed  of  five 
members,  who  shall  serve  without  compensation,  and 
shall  be  qualified  electors  and  residents  of  the  respective 
cities,  and  who  shall  not  be  members  of  the  city  coun- 
cil. At  the  first  regular  meeting  of  the  council  in  April, 
or  as  soon  thereafter  as  may  be  practicable,  at  any  reg- 
ular meeting,  the  council  shall  elect  the  members  of  the 
board  of  education,  whose  terms  of  office  respectively 
shall  be  one,  two,  three,  four,  and  five  years.  Annually 
thereafter  at  the  first  regular  meeting  in  April,  or  as 


♦Note — In  those  cities  and  towns  where  the  commission  form  of 
government  has  been  adopted,  the  board  of  education  is  elected  by 
the  members  of  the  board  of  commissioners.  With  this  exception, 
sections  1348-1358  will   still  apply. 


120  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

sooD  thereafter  as  may  be  practicable,  at  a  regular  meet- 
ing, the  council  shall  elect  a  member,  whose  term  of  of- 
fice shall  be  five  years,  to  succeed  the  member  of  the 
board  of  education  whose  term  expires  that  year.  In 
the  event  of  a  vacancy  in  the  membership  of  the  board, 
by  resignation  or  otherwise,  the  fact  shall  be  reported  to 
the  city  council  by  the  board,  and  the  council  shall  elect 
a  person  to  fill  such  vacancy  for  the  unexpired  term. 

1350.  Election  of  officers  of  hoard  of  education. — At 
its  first  regular  meeting  in  May,  after  the  election  of 
said  board,  or  as  soon  thereafter  as  practicable,  and  an- 
nually thereafter,  the  board  shall  elect  from  its  mem- 
bership a  president  and  vice-president.  It  shall  also 
elect  a  clerk,  who  need  not  be  a  member  of  the  board, 
and  may  fix  his  compensation.  The  vice-president  shall 
j)erform  the  duties  of  the  president  only  when  the  pres- 
ident may  be  absent  from  the  city  or  unable  to  perform 
his  duties.  The  board  may  fill  any  vacancy  occurring 
from  any  cause  in  any  of  the  offices  mentioned  in  this 
section. 

1351.  School  property;  how  held. — All  property,  real 
and  personal  and  mixed,  now  held  or  hereafter  acquired 
for  school  purposes,  shall  be  held  in  trust  for  the  use  of 
the  public  schools  of  the  city  or  town,  and  no  sale  or 
purchase  of  real  estate'shall  be  made  by  any  other  than 
the  city  council  of  such  city  or  town.  The  board  of  ed- 
ucation shall  have  full  and  exclusive  power,  within  the 
limits  of  the  revenue  appropriated  for  such  purpose  or 
accruing  to  the  use  of  the  public  schools,  to  purchase 
fixtures,  furniture,  apparatus,  libraries,  fuel,  and  sup- 
plies for  the  use  of  the  schools  and  to  sell  the  same,  and 
to  make  expenditures  for  the  maintenance  and  repair  of 
the  school  ground,  buildings,  and  other  property,  to  es- 
tablish and  build  neAV  schools,  when  sites  have  been  pro- 
vided by  the  city  council,  and  to  superintend  the  erec- 
tion thereof,  to  make  additions,  alterations,  and  repairs 


PUBLIC  SCHOOL  LAWS  OF  ALxVBAMA.  121 

to  the  buildings  and  other  property  devoted  to  school 
uses,  and  to  make  necessary  and  proper  regulations,  con- 
tracts, and  agreements  in  relation  to  such  matters.  All 
such  contracts  shall  inure  to  the  benefit  of  the  public 
schools,  and  any  suit  at  law  or  in  equity,  brought  upon 
them,  and  for  the  recovery  and  protection  of  money  and 
property  belonging  to  and  used  by  the  public  schools, 
or  for  damages,  shall  be  brought  by  and  in  the  name  of 
the  city. 

1352.  Approprintion  for  schools. — Each  year  the 
board  of  education  shall  make  an  estimate  in  detail  of 
the  amount  of  money  required  for  the  proper  support 
and  maintenance  of  the  public  schools  during  the  next 
ensuing  scholastic  year,  which  shall  be  submitted  to  the 
city  council,  and  the  city  council  shall  make  annual  ap- 
propriations for  the  support  and  maintenance  of  the 
schools  that  it  may  deem  necessary  and  proper  in  view 
of  all  other  needs  of  the  government  of  the  city  and  of 
the  expected  revenues  from  taxes  and  otherwise.  Money 
so  appropriated  and  all  money  received  from  the  school 
fund  of  the  State,  poll  taxes,  the  sale  of  school  property, 
the  sale  of  bonds  for  school  purposes,  and  from  any 
other  source  whatever  for  school  purposes,  shall  be 
held  by  the  treasurer  of  the  city  as  a  special  fund  or 
funds  for  school  purposes,  and  it  shall  be  paid  out  t>y 
him  on  warrants  drawn  by  the  clerk  of  the  board  and 
countersigned  by  the  president,  or  vice-president,  when 
acting  as  president  of  the  board  of  education,  and  by 
the  clerk  of  the  city,  and  not  otherwise,  and  no  warrant 
shall  be  drawn  unless  in  pursuance  of  a  resolution  of 
the  board  of  education  entered  upon  its  minutes. 

1353.  School ;  control  of. — The  board  of  education 
shall  have  full  control  of  the  public  schools  of  the  city 
or  town.  It  shall  have  power  to  establish  schools,  to 
discontinue  any  school,  to  consolidate  schools,  to  pre- 


122  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

scribe  courses  of  study  and  books  to  be  used,  not  in  con- 
flict with  the  general  law  in  reference  to  text-books,  to 
divide  the  city  into  school  divisions  as  circumstances 
may  require,  to  employ  teachers  and  a  superintendent 
of  schools  and  necessary  employees  and  to  fix  their  sal- 
aries and  wages,  to  establish  and  maintain  high  schools 
and  prescribe  rules  for  the  expulsion  of  pupils,  to  expel 
any  pupil  guilty  of  gross  disobedience  or  willful  mis- 
conduct, to  dismiss  any  superintendent,  teacher,  or  em- 
ployee, when  in  its  opinion  the  interests  of  the  schools 
require  it,  and  generally  to  have  and  exercise  all  rights, 
powers,  and  authority  required  for  the  management  of 
a  system  of  public  schools.  It  shall  be  the  duty  of  the 
board  of  education  to  examine,  or  cause  to  be  examined, 
all  persons,  at  times  and  places  fixed  by  it,  offering  as 
candidates  for  teacher's  places,  and  when  found  quali- 
fied to  give  them  certificates  of  qualification  gratuitous- 
ly, to  grant  diplomas  without  charge  to  graduates  of  the 
high  schools,  to  visit  all  schools  as  often  as  once  a 
month,  to  establish  and  uniformly  enforce  proper  rules 
and  regulations,  to  inquire  into  the  performance  of  their 
duties  by  the  teachers  and  superintendent,  and  into  the 
progress  of  the  pupils,  and  to  prepare  and  submit  to  the 
city  council  an  annual  report  showing  the  operation  of 
the  schools  for  the  past  scholastic  year,  and  suggesting 
their  needs  for  the  future. 

1354.  ^Superintendent  of  schools. — It  shall  be  the 
duty  of  the  board  of  education  to  elect  a  superintendent 
of  schools,  fix  his  term  of  office  and  salary,  and  pre- 
scribe his  powders  and  duties.  The  superintendent  shall 
be  required  to  give  bond  for  the  faithful  performance  of 
his  duties,  which  shall  be  payable  to  said  city,  in  a  sum 
to  be  fixed  by  the  board,  not  less  than  three  thousand 
dollars,  with  surety  or  sureties  to  be  approved  by  the 
president  of  the  board,  the  bond  to  be  filed  with  the  clerk 
of  the  city  or  town.  The  superintendent  may  be  elected 
clerk  of  the  board  of  education,  and  if  so  elected  his 


PUBLIC   SCHOOL  TAWS  OF  ALABAMA.  123 

bond  shall  stand  as  security  for  the  faithful  perform- 
ance of  his  duties  as  clerk,  as  well  as  superintendent, 
however  conditioned.  It  shall  be  the  duty  of  the  clerk 
of  the  board  of  education  to  keep  full  and  correct  detail 
account  of  all  money  received  and  expended.  The  super- 
intendent shall  attend  to  the  taking  of  the  school  cen- 
sus, which  shall  be  taken  in  the  months  of  April  of  each 
odd  year,  and  it  shall  be  his  duty  to  make  complete  and 
accurate  reports  of  the  same  to  the  superintendent  of 
education  of  the  state. 

1355.*  Board  of  education  of  towns  having  over  one 
thousand  and  less  than  six  thousand  inhabitants. — 
Towns  having  a  population  of  more  than  one  thousand 
and  cities  having  a  population  of  les  than  six  thousand 
shall  have  a  board  of  education  to  consist  of  five  mem- 
bers, which  shall  be  elected  by  the  council  at  its  first 
meeting  in  April,  1909,  or  as  soon  thereafter  as  may  be 
practicable,  and  every  two  years  thereafter.  The  mem- 
bers of  said  board  shall  be  qualified  electors  and  shall 
serve  without  compensation.  As  soon  after  the  election 
as  practicable,  said  board  shall  organize  by  electing  one 
of  their  number  president,  and  shall  also  elect  one  of 
their  number  secretary  of  said  board.  And  said  board 
shall  have  all  the  powers  and  be  vested  with  all  the  au- 
thority in  relation  to  public  schools  as  boards  of  educa- 
tion in  cities  of  six  thousand  or  more  population. 

In  towns  of  one  thousand  population  or  less  the  man- 
agement and  control  of  the  public  schools  therein  shall 
be  vested  in  a  board  of  education  to  consist  of  five  mem- 
bers, who  shall  have  all  the  powers  and  be  vested  with 
all  the  authority  in  relation  to  such  public  schools  as 
boards  of  education  in  cities.  Said  board  of  education 
shall  be  elected  by  the  qualified  electors  of  the  town  at 


♦Note— In  those  cities  and  towns  where  the  commision  form  of 
government  has  been  adopted,  the  board  of  education  is  elected  by 
the  members  of  the  board  of  commissioners.  With  this  exception, 
sections  1348-1358  will  still  apply. 


124        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

the  first  regular  municipal  election  held  under  the  pro- 
visions of  this  chapter  and  biennially  thereafter. 

1356.  Scohol  districts. — Each  inocrporated  city,  or 
town,  as  a  special  school  district,  or  embraced  therein, 
shall  receive  its  proportionate  share  of  the  public  school 
revenue  to  be  paid  over  b}^  the  state  superintendent  of 
education  direct  to  the  city  superintendent  of  schools 
and  by  him  paid  over  to  the  treasurer. 

1357.  Municipalities  exempt  from  school  law. — The 
provisions  of  this  chapter  relative  to  public  school  sys- 
tems, except  as  to  issue  of  bonds  for  the  purchase  of  sites 
and  the  erection  of  public  school  houses,  or  either,  shall 
not  apply  to  cities,  and  towns  in  counties  now  having  by 
law  a  combined  city  and  county  school  system,  operated 
under  a  single  board  of  education,  or  where  the  mem- 
bers of  the  board  hold  office  for  life;  but  any  city  may 
issue  bonds  to  procure  mone}^  to  purchase  sites  and  erect 
public  school  houses  or  either,  and  in  all  cases  Avhenever 
any  city  or  town  in  this  State  shall  authorize  an  issue 
of  bonds  as  provided  by  this  chapter  for  the  purpose  of 
purchasing  or  constructing  public  school  houses  and 
buildings,  the  proceeds  arising  from  the  sale  of  bonds 
authorized  to  be  issued  by  this  chapter,  shall  be  turned 
over  to  the  board  of  education  or  other  board  acting  as 
such  by  whatever  name  called,  having  control  of  the 
public  schools  in  said  city  or  town,  to  be  applied  to  the 
payment  of  the  costs  of  the  improvement  in  said  city 
or  town  including  purchase  price  of  suitable  site  there- 
for, as  designated  in  the  ordinance  providing  for  the 
issue  of  the  said  bonds;  and  shall  be  administered  under 
the  direction  of  the  said  board  of  education  or  other 
board  acting  as  such,  and  such  board  shall  have  full 
power  of  administration  in  and  about  the  management 
and  control  of  the  said  school  or  schools  thus  construct- 
ed, as  part  of  the  system  under  their  administration 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.     ■  125 

and  control.  Where,  by  any  provision  of  laws,  any  cer- 
tain or  definite  percentage  or  taxes,  either  or  both,  is 
required  to  be  used  for  the  maintenance  of  the  public 
schools,  then  such  provision  shall  be  unaffected  by  this 
chapter  and  shall  be  and  remain  in  full  force  and  effect. 

1358.  Libraries. — Cities  and  towns  shall  have  the 
right  to  establish  and  maintain  or  aid  in  establishing 
and  maintaining  public  libraries,  either  separately  or 
in  connection  with  the  public  schools. 


ACTS    OF    THE    LEGISLATURE    OF    ALABAMA 
PASSED  AT  THE  SPECIAL  SESSION 
IN  1909  AND  AT  THE  REGULAR 
SESSION  IN  1911. 


CHILD  LABOR  LAW. 

No.  107.)  AN  ACT  (H.  49 

To  regulate  the  employment  of  child  labor  in  certain 
mills,  factories  and  manufacturing  establishments  in 
this  State,  and  to  provide  for  the  inspection  of  the 
rooms,  places  and  premises  wherein  they  are  worked, 
and  to  adequately  punish  violations  of  this  Act. 

1.  Be  it  enacted  by  the  Legislature  of  Alabama,  No 
child  under  twelve  years  of  age,  shall  be  employed,  or 
permitted  to  work  in,  or  be  in  or  about  any  mill,  factory 
or  manufacturing  establishment  in  this  State. 


Note — For  convenience  some  of  the  Acts  passed  at  these  sessions 
have  been  placed  in  other  parts  of  this  pamphlet. 

Note — With  the  exceptions  of  Sections  8  and  11  this  Act  was  ap- 
proved August  26,  1fK)9.  Sections  8  and  11  are  as  amended  by  an 
Act   approved   April  21,    1911. 


126     '    PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

2.  No  child  between  the  ages  of  twelve  and  sixteen 
years  shall  be  employed  or  permitted  to  work,  or  detain- 
ed in,  or  about  any  mill,  factory  or  manufacturing  estab- 
lishment in  this  State,  unless  such  child  shall  attend 
school  for  eight  weeks  in  every  year  of  employment,  six 
weeks  of  which  shall  be  consecutive. 

3.  No  child  under  the  age  of  fourteen  years  shall  be 
employed,  or  detained  in,  or  he  in,  or  about  any  mill, 
factory  or  manufacturing  establishment  within  this 
State  for  more  than  sixty  hours  in  one  week. 

4.  No  child  under  sixteen  years  of  age  shall  be  em- 
ployed, or  detained  in,  or  be  in,  or  about  any  mill,  fac- 
tory or  manufacturing  establishment  within  this  State 
between  the  hours  of  7  o'clock  p.  m.,  and  6  o'clock  a.  m. 
standard  time. 

5.  No  child  over  sixteen  and  under  18  years  of  age, 
shall  be  so  employed,  or  detained  between  said  hours  for 
more  than  eight  hours  in  any  one  night. 

G.  It  shall  be  unlawful  for  any  person,  firm,  or  cor- 
poration, to  employ,  or  detain  in,  or  permit  to  work  in, 
or  be  in,  or  about  any  mill,  factory,  or  manufacturing  es- 
tablishment, any  child  under  eighteen  years  of  age,  with- 
out first  requiring  said  child  to  present  on  a  blank  fur- 
nished by  the  employer  the  form  of  which  shall  be  pro- 
vided by  the  inspector,  the  affidavit  of  the  parent,  or 
guardian,  or  other  person  standing  in  parental  relation 
to  such  child,  stating  the  date  and  place  of  birth  of  said 
child. 

7.  Such  affidavit  shall  be  filed  by  such  employer 
within  ten  days  after  the  employment  of  such  child  in 
the  office  of  the  judge  of  probate  of  said  county  and 
shall  be  numbered  and  labeled  with  the  name  of  the 
child,  and  a  complete  index  thereof  made  and  preserved 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  127 

as  other  records  in  said  office.  For  the  services  so  ren- 
dered the  judge  of  probate  shall  receive  from  the  county 
treasurer  ten  cents  for  each  such  affidavit.  A  copy  of 
said  affidavit  shall  be  forwarded  within  ten  days  after 
the  employment  of  such  child,  to  the. inspector  at  Mont- 
gomery, Ala. 

8.  Any  person,  firm  or  corporation  who  violates  any 
of  the  provisions  of  this  chapter  or  who  knowingly  per- 
mits any  child  to  be  employed,  or  detained  in,  or  be  in, 
or  about  his,  their  or  its  mills,  factory  or  manufactur- 
ing establishment,  contrary  to  the  provisions  of  this 
chapter,  or  who  shall  fail  or  refuse  to  furnish  the  in- 
spector the  necessary  information  upon  all  such  mat- 
ters as  he  is  required  to  report  upon,  and,  all  such  other 
information  as  is  necessary  with  reference  to  the  keep- 
ing of  records  in  the  office  of  the  said  inspector,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 
be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

9.  Any  person,  firm,  or  corporation,  who  violates 
any  of  the  provisions  of  this  chapter  or  who  employes 
any  child,  or  knowingly  permits  any  child  to  be  employ- 
ed, or  to  work  in,  or  about,  or  be  detained  in,  or  be  in, 
or  about  any  mill,  factory,  or  manufacturing  establish- 
ment, contrary  to  law,  or  w^ho  fails,  or  refuses,  to  obey 
promptly  every  lawful  order  or  direction  given  by  the 
inspector  under  this  law,  must  on  conviction  be  fined 
not  less  than  fifty  dollars,  nor  more  than  one  hundred 
dollars,  and  upon  a  second  conviction  for  any  violation 
of  this  law  must  be  fined  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars,  and  if  a  natural  person 
be  sentenced  to  hard  labor  for  not  more  than  six 
months. 

10.  Any  person,  who  knowingly  makes  any  false  affi- 
davit when  an  affidavit  is  required  under  this  chapter, 
is  guilty  of  perjury. 


128  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

11.  The  state  prison  inspector,  in  person  or  by  his 
chief  clerk  or  deputy  inspectors,  is  charged  with  the  du- 
ty of  inspecting  all  mills,  factories,  and  manufacturing 
establishments  wherein  women  and  children  work,  and 
he  must  inspect  every  such  mill,  factory  or  manufac- 
turing establishment  at  least  four  times  a  year,  if  prac- 
ticable, without  notice  of  his  purpose  to  do  so.  He  shall 
thoroughly  inspect  each  manufacturing  establishment, 
and  ascertain  their  sanitary  condition,  and  whether  a 
good  supply  of  fresh  drinking  water  and  fresh  air  and 
suitable  water  closets  for  the  women  and  girls  are  pro- 
vided, and  separate  and  apart  from  those  for  the  use 
of  boys  and  men,  and  particularly  the  ages  and  condi- 
tion of  the  children  employed,  at  work  in,  or  detained 
therein  and  he  shall  carefully  examine  all  affidavits  filed 
under  this  law,  and  in  connection  therewith,  the  chil- 
dren named  therein,  and  all  other  matters  concerning 
the  operation  and  condition  of  the  manufacturing  es- 
tablishments in  which  children  work,  or  are  detained, 
and  make  written  orders  requiring  correction  of  defects, 
in,  or  about  the  mills,  or  manufacturing  establishment.. 

12.  The  inspector  shall  make  written  report  to  the 
governor  of  every  examination  of  every  manufacturing 
establishment  inspected  by  him,  and  note  every  refusal 
or  failure  to  comply  with  or  observe  the  law,  in  any  re- 
spect, which  reports  must  be  published  annually. 

13.  Tt  shall  be  the  duty  of  the  inspector  to  remove 
from  any  mill,  factory,  manufacturing  establishment 
any  child  found  working  or  detained  therein,  contrary 
to  law,  and  to  remove  therefrom  any  child  who  is  afflict- 
ed with  any  infectious,  contagious,  or  communicable  dis- 
ease. The  judgment  of  the  inspector  as  to  the  removal 
of  any  child  shall  be  final  and  conclusive. 

14.  It  shall  be  the  duty  of  the  inspector  to  institute 
prosecutions  against  the  owners,  operators,  nmnagers^ 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  129 

and  superintendents  of  any  such  mills,  factory,  or  man- 
ufacturing establishment  for  every  violation  of  law  that 
they  may  discover,  and  to  furnish  to  the  solicitor  of  the 
circuit  or  county  the  names  and  addresses  of  all  neces- 
sary witnesses. 

15.  The  inspector  shall  have  free  access  at  any  time 
to  any  mill,  factory,  or  manufacturing  establishment, 
wherein  women  and  children  work,  or  are  detained,  and 
no  person  shall  refuse  to  allow  the  inspector  to  have  free 
access  to  a  manufacturing  establishment  and  every  part 
thereof. 

16.  No  person  shall  hinder  or  obstruct  the  inspector 
in  inspecting  or  make  any  false,  or  misleading  state- 
ment to  the  inspector  about  the  establishment,  its  op- 
eration, or  condition,  or  about  any  person  working  or 
detained  therein. 

17.  All  persons  must  have  a  plainly  printed  copy  of 
the  Child  Labor  Law  posted  upon  the  office  and  in  ever^^ 
room  in  which  any  person  works  in  the  mill,  factory,  or 
manufacturing  establishment. 

18.  Any  person  violating  the  three  preceding  sec- 
tions, must,  on  conviction,  be  fined,  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars,  and  on 
subsequent  conviction  be  fined  not  less  than  five  hun- 
dred dollars  and  may  be  sentenced  to  hard  labor  for  not 
more  than  one  year. 

19.  Any  owner  or  manager  of  a  mill,  factory  or  man- 
ufacturing establishment  who  disobeys  any  order  of  the 
inspector,  removing  a  child  from  the  mill,  factory  or 
manufacturng  establishment;  or  who  permits  any  child 
who  has  been  removed  by  the  inspector  to  return  to 
work  therein,  or  to  be  in,  or  about  the  mill,  factory,  or 
manufacturing  establishment  without  the  written  per- 

9  SL 


130        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

mission  of  the  inspector  must  on  conviction  be  fined  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dol- 
lars. 

20.  The  inspector  of  jails  and  alms  houses  is  au- 
thorized to  employ  a  competent  clerk,  with  the  approv- 
al of  the  governor,  who  shall  be  authorized  to  perform 
the  same  duties  as  by  law  the  inspector  is  authorized  to 
perform  and  shall  have  and  exercise  the  same  powers 
under  the  direction  of  the  inspector  as  the  inspector  has 
by  law.  The  annual  salary  of  the  clerk  of  the  inspector 
shall  be  eighteen  hundred  dollars  payable  monthly  out 
of  the  State  treasury  as  clerks  in  the  other  depart- 
ments. 

21.  This  chapter  shall  apply  only  to  manufacturing 
establishments  engaged  in  manufacturing  or  working  in 
cotton,  wool,  clothing,  tobacco,  printing  and  bindling, 
glass,  or  other  kind  of  work  that  is  injurious  to  health 
when  carried  on  indoors. 

22.  The  inspector  and  the  clerk  of  the  inspector 
when  traveling  in  the  performance  of  their  duties  here- 
under shall  be  reimbursed  their  actual  traveling  ex- 
penses when  approved  by  the  governor  to  be  paid  on  the 
warrants  of  the  State  auditor. 


No.  65)  AN  ACT  (H.  55 

To  provide  for  the  filling  of  any  vacant  office,  of  the 
State,  or  any  county,  or  any  municipality,  when  there  is 
no  provision  of  law  for  filling  such  vacancy.  Be  it  en- 
acter  by  the  Legislature  of  Alabama : 

1.  That  when  any  office  of  the  State,  of  any  county, 
or  municipality  thereof,  is  vacant  from  death,  resigna- 


PUBLIC  SCHOOL  lAWS  OF  ALABAMA.  13_[ 

tion,  removal  from  the  muuicipality,  county,  or  State,  or 
because  the  former  incumbent  absconds,  or  because  an 
incumbent  has  been  removed  for  ineligibility  or  when 
the  office  is  vacant  from  any  other  cause,  and  there  is 
no  way  provided  by  law  for  thci  filling  of  such  vacant  of- 
fice, the  governor  is  hereby  empowered  and  required  to 
appoint  a  qualified  person  to  fill  the  unexpired  term  of 
such  office. 

Approved  August  25,  1909. 


No.  15.)  AN  ACT  (H.  141 

To  require  the  Board  of  Kevenue  and  Road  Commis- 
sioners of  Mobile  County  annually  to  levy  a  special  tax 
of  one-fifth  of  one  per  centum  upon  each  one  hundred 
dollars  of  all  property  assessed  for  taxation  in  said 
county,  in  addition  to  the  special  taxes  now  levied  there- 
in, for  the  support  of  the  public  schools  of  said  county.'^ 

Section  1.  Be  it  enacted  hj  the  Legislature  of  Ala- 
bama, That  the  Board  of  Revenue  and  Road  Commis- 
sioners of  Mobile  county  be  required  annually  to  levy 
a  special  tax  of  one-fifth  of  one  per  centum  upon  each 
one  hundred  dollars  of  all  property  assessed  for  taxa- 
tion in  said  county,  in  addition  to  the  special  taxes  now 
levied  therein,  for  the, support  of  the  public  schools  of 
said  county. 

Sec.  2.  Said  taxes  shall  be  paid  over  to  the  Board  of 
School  Commissioners  of  Mobile  county  by  the  Tax  Col- 
lector of  Mobile  county  as  rapidly  as  the  same  is  by 
him  collected. 

Sec.  3.  Said  Board  of  Revenue  and  Road  Commis- 
sioners shall  within  fifteen  days  after  the  date  of  ap- 
proval of  this  act,  at  a  special  meeting  thereof  to  be 


132  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

called  for  that  purpose,  or  at  any  lawful  meeting  held 
within  that  period,  levy  said  tax  for  the  tax  year  of 
1909  upon  the  property  now  assessed  or  to  be  assessed 
for  that  year  in  said  county. 
Approved  August  9th,  1909. 


No.  40)  AN  ACT  (H.  60 

To  educate  the  children  of  Alabama  on  the  evils  of 
intemperance.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama : 

1.  That  it  shall  be  the  duty  of  the  State  Superintend- 
ent of  Education  of  the  State  of  Alabama  to  have  pre- 
pared and  furnished  to  the  teachers  in  the  public  schools 
placards  printed  in  large  type  upon  which  shall  be  set 
forth  in  attractive  style  statistics,  epigrams  and  mot- 
toes showing  the  evils  of  intemperance  especially  from 
the  use  of  intoxicating  liquors. 

2.  That  it  shall  be  the  duty  of  the  said  State  Super- 
intendent of  Education  to  make  changes  in  the  matter 
printed  on  the  said  placards  from  time  to  time  as  he 
may  deem  proper  and  that  he  shall  at  all  times  keep  the 
public  schools  of  Alabama  provided  with  a  sufficient 
number  of  said  placards  to  post  one  of  them  in  every 
school  room  of  Alabama. 

3.  That  the  expenses  of  printing  and  expressing  the 
said  placards  shall  be  paid  out  of  the  State  treasury  on 
an  account  made  out  by  the  said  State  Superintendent 
of  Education  and  approved  by  the  Governor  and  the 
Auditor  shall  draw^  his  warrant  for  the  same. 

4.  That  it  shall  be  the  duty  of  every  public  school 
teacher  in  the  State  to  keep  one  of  the  said  plficnrr^s 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  135 

posted  in  a  coDspicuous  place  in  the  school  room  oc- 
cupied by  such  teacher. 

5.  That  it  shall  be  the  duty  of  the  county  superin- 
tendent of  education  and  the  district  trustees  to  assist 
in  the  carrying  out  of  the  provisions  of  this  Act. 

6.  That  there  shall  be  one  day  in  each  scholastic 
term  of  the  public  schools  set  apart  to  be  known  as 
Temperance  Day  when  a  suitable  program  shall  be  pre- 
pared to  the  end  that  the  children  of  Alabama  may  be 
taught  the  evils  of  intemperance. 

Approved  August  19th,  1909. 


No.  94)  AN  ACT  (S.  66 

To  authorize  the  cities  and  towns  of  this  State  to  con- 
vey real  or  personal  property  and  to  make  appropria- 
tions of  money  from  city  funds,  and  issue  bonds  to  aid 
in  the  location  and  in  the  construction  of  high  schools 
and  high  school  buildings,  and  to  ratify  and  confirm  all 
such  conveyances  and  appropriations  which  have  here- 
tofore been  made  by  any  such  city  or  towm. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  the  cities  and  towns  of  this  State  be  and 
they  are  hereby  authorized  and  empowered  to  convey 
real  or  personal  property  belonging  to  such  cities  or 
towns,  and  to  make  appropriations  from  city  or  town 
funds,  and  issue  bonds  to  aid  in  the  location  and  in 
the  construction  of  high  schools  and  high  school  build- 
ings under  the  act  of  the  Legislature  of  Alabama,  ap- 
proved August  7,  1907,  entitled  "An  Act  to  provide  for 
the  establishment  of  high  schools  in  this  State,  and  to 
make  appropriations  for  said  schools." 


134  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

Sec.  2.  That  all  such  comeyances  of  property  and 
appropriations  of  funds  which  have  heretofore  been 
made  for  the  purpose  named  in  section  1  of  this  act,  be 
and  the  same  are  hereby  ratified  and  confirmed. 

Approved  August  26,  1909. 


No.  217)  AN  ACT  (S.   7 

To  authorize  and  empower  the  commissioners  court, 
board  of  revenue,  or  other  court  of  county  officers  of 
similar  or  like  jurisdiction  ro  donate  or  appropriate 
funds  from  the  county  treasury  to  aid  in  the  construc- 
tion or  improvement  of  necessary  buildings  and  the 
maintenance  and  support  of  tJiose  State  schools  known 
as  county  high  schools  established  under  the  Act  of  the 
Legislature  approved  August  7,  1907,  and  to  ratify  and 
confirm  all  appropriations  heretofore  made  for  such 
purposes  and  to  repeal  all  laws  and  parts  of  laws  in 
conflict  therewith. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  on  and  after  the  approval  of  this  act  by  the 
Governor  it  shall  be  lawful  for  the  commissioners  court, 
board  of  revenue,  or  other  court  or  ofiicers  of  the  county 
of  similar  or  like  jurisdiction  to  donate  or  appropriate 
funds  from  the  county  treasury  to  aid  in  the  construction 
or  improvement  of  necessary  buildings  and  the  mainte- 
nance and  support  of  those  State  schools  known  as  coun- 
ty high  schools,  established  in  the  several  counties  of  the 
State  under  an  Act  of  the  Legislature  entitled  an  act  to 
provide  for  the  establishment  of  high  schools  in  this 
State,  and  to  make  appropriations  for  said  schools,  ap- 
proved August  7th,  1907,  such  donations  or  appropria- 
tions to  be  applied  to  the  benefits  of  said  schools  under 
the  supervision  and  control  of  the  county  boards  of  edu- 
cation, and  not  otherwise.     That  appropriations  hereto- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  I35 

fore  made  from  county  funds  by  the  courts  of  county 
commissioners  or  the  courts  or  boards  of  revenue  of 
the  several  counties  of  this  State  to  be  used  in 
the  construction  or  maintenance  of  such  schools 
are  hereby  ratified  and  confirmed,  provided  that  the  pro- 
visions of  this  act  shall  not  affect  suits  heretofore  filed 
to  test  the  legality  of  appropriations  made  by  courts  of 
county  commissioners  or  boards  of  revenue  to  aid  in  the 
construction  of  county  high  schools;  Provided,  further, 
that  the  appropriations  being  tested  by  such  pending 
suits  are  hereby  ratified  and  confirmed  and  this  act  shall 
not  be  set  up  as  a  defense  to  any  such  pending  suit. 
Approved  August  26,  1909. 


1^0.  246.)  AN  ACT  (H.  301. 

To  regulate  and  provide  for  the  location  of  public 
schools  in  school  districts  in  which  are  located  a  manu- 
facturing plant  or  manufacturing  plants,  employing 
fifty  or  more  children  within  the  school  age,  who  are 
subject  to  the  child  labor  law. 

Be  it  enacted  hy  the  Legislature  of  Alabama: 
Section  1.  That  it  shall  be  the  duty  of  any  county 
board  of  education  or  the  board  of  education  of  any 
town  or  city  in  which  there  is  located  one  or  more  man- 
ufacturing plants  employing  fifty  or  more  children  with- 
in the  school  age,  who  are  required  by  the  child  labor 
law  to  attend  school  for  any  certain  length  of  time  dur- 
ing the  year,  to  locate,  or  cause  to  be  located,  a  public 
school  for  the  accommodation  of  the  children  within 
the  school  age  employed  by  such  manufacturing  plant, 
or  plants,  and  to  apportion  to  the  said  schools  so  located 
such  proportion  of  the  school  funds  of  said  district  as 
may  be  necessary  to  run  the  school  or  schools  as  nearly 
as  practicable  the  same  length  of  time  as  the  other 


136  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

school  or  schools  of  the  district  are  run;  provided  fur- 
ther, in  incorporated  cities  or  towns  in  which  two  or 
more  schools  are  maintained  that  one  or  more  of  said 
schools  may  be  designated  by  the  proper  school  author- 
ities as  the  school  for  the  accommodation  of  the  children 
within  school  age  employed  in  such  plant  or  plants. 

Sec.  2.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

Approved  April  6,  1911. 

No.  485.)  AN  ACT  (H.  217. 

To  authorize  the  sale  and  conveyance  of  certain  lands 
which  have  been  conveyed  to  the  State  for  school  pur- 
poses. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  whenever  the  county  board  of  education  of 
any  county  shall  certify  to  the  superintendent  of  educa- 
tion of  the  State  that  it  is  to  the  benefit  of  the  public 
school  interests  of  such  county  or  a  public  school  dis- 
trict thereof  for  any  lands  situated  in  such  county  or 
district  which  have  been  conveyed  to  the  State  of  Ala- 
bama for  school  purposes  under  the  provisions  of  article 
20  or  31  of  chapter  41  of  the  code  of  Alabama  to  be 
sold,  particularly  describing  the  same,  the  superinten- 
dent of  education,  upon  the  receipt  of  such  certificate^ 
shall  be  and  he  is  hereby  authorized  and  empowered, 
with  the  approval  of  the  governor,  to  sell  and  convey 
such  land,  either  at  public  or  private  sale,  and  upon  such 
consideration  as  may  to  him  appear  just  and  proper  in 
the  premises,  and  to  execute  a  deed  to  the  purchaser  of 
the  same  in  the  name  of  the  State  of  Alabama,  and  up- 
on the  delivery  of  such  deed,  the  same  shall  divest  all 
the  right,  title  and  interest  of  the  State  of  Alabama  in 
said  land  and  invest  it  in  such  purchaser. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       137 

Sec.  2.  That  the  proceeds  of  any  sale  of  lands  made 
under  this  act  shall  be  by  the  superintendent  of  educa- 
tion paid  to  the  county  board  of  education  of  the 
county  where  such  land  is  situated,  or  to  the  chief 
executive  officer  of  said  board.  That  said  proceeds 
shall  constitute  a  part  of  the  public  school  fund 
of  such  county;  provided,  however,  if  said  land  was  con- 
veyed to  the  State  under  article  31  of  chapter  41  of  the 
code  of  Alabama,  then  such  proceeds  shall  be  used  by 
said  county  board  of  education  for  the  exclusive  use  of 
the  public  school  district  in  which  said  land  is  located. 

Approved  April  18,  1911. 

No.  703.)  AN  ACT  (H.  916. 


To  establish  a  High  School  for  Dale  County,  to  be  lo- 
cated at  Ozark,  Alabama. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
bama: There  is  hereby  established  a  high  school  for 
Dale  county,  which  shall  be  located  at  Ozark  in  said 
county,  and  which  shall  be  run  free  of  all  tuition  charges 
to  every  pupil  of  the  county  who  may  attend  the  school. 

Sec.  2.  There  is  hereby  appropriated  annually  out 
of  the  State  treasury  the  sum  of  five  thousand  dollars 
for  the  support  and  maintenance  of  the  school,  which 
sum  shall  be  in  addition  to  and  a  supplement  of  all  other 
funds  set  apart  in  any  manner  to  the  school  district  in 
which  the  school  shall  be  located.  The  funds  herein  ap- 
propriated shall  be  paid  monthly  by  the  State  treasurer 
upon  warrant  issued  by  the  State  auditor  on  the  order 
of  the  board  of  trustees  of  the  school. 

Sec.  3.  The  governor,  the  State  superintendent  of 
education,    the    county    superintendent    of    education 


138        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

of  Dale  county,  the  mayor  of  the  city  of  Ozark, 
shall  be  ex-officio  members  of  the  board  of  trus- 
tees of  the  school,  and  shall,  together  with  three  mem- 
bers, to  be  appointed  by  the  governor,  who  shall  be  qual- 
ified electors  and  citizens  of  Dale  county,  and  whose 
term  of  office  shall  expire  with  that  of  the  governor 
making  such  appointment,  constitute  the  board  of  trus- 
tees of  the  school.  The  term  of  office  of  the  three  mem- 
bers of  said  board  heretofore  appointed  and  now  serving 
on  the  present  board  of  trustees  shall  expire  upon  the 
approval  of  this  act.  The  board  of  trustees  shall  elect  a 
treasurer,  who  shall  have  charge  of  the  funds  of  the 
school  and  disburse  the  same  upon  the  order  of  the 
board  of  trustees. 

Sec.  4.  The  board  of  trustees  shall  elect  teachers  for 
the  school,  fix  the  amount  of  their  salaries,  make  all 
contracts  pertaining  to  the  business  of  the  school,  and 
shall  have  full  power  to  control  and  manage  the  school 
and  do  any  and  all  acts  necessary  for  carrying  out  the 
provisions  of  this  act. 

Sec.  5.  This  law  shall  go  into  effect  when  the  gov- 
ernor shall  have  certified  to  the  State  auditor  that  a 
building  suitable  for  the  school,  of  not  less  than  ten 
thousand  dollars  value  has  been  provided  for  the  school 
and  deeded  to  the  State. 

Approved  August  9,  1907. 

Section  3  amended  April  18,  1911. 


No.  483.)  AN  ACT  (H.  724. 

To  create  a  board  of  trustees  for  the  government  and 
control  of  the  several  State  normal  schools  for  whites, 
and  for  the  making  and  enforcing  of  a  course  of  study 
for  the  said  State  normal  schools  and   for  the  rural 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  139 

schools  of  the  State,  and  for  the  repealiDg  of  any  gen- 
eral and  special  laws  and  provisions  of  any  charter  or 
charters  in  conflict  with  the  provisions  of  this  act. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
hama,  That  a  board  of  eight  members  consisting  of  the 
governor,  the  superintendent  of  education  and  six  mem- 
bers appointed  by  the  governor  be  and  the  same  are 
hereby  created  a  board  of  trustees  for  the  government, 
regulation  and  control  of  the  several  white  normal 
schools  of  the  State. 

Sec.  2.  The  six  appointive  members  appointed  re- 
spectively for  one  year,  two  years,  three  years,  four 
years,  five  years,  and  six  years,  with  the  superintendent 
of  education  and  the  governor,  who  shall  be  ex-oflficio 
chairman  of  the  board,  shall  constitute  the  board  of 
trustees  for  the  government,  control  and  regulation  of 
the  several  white  normal  schools  of  the  State.  At  the 
expiration  of  the  term  for  which  each  trustee  shall  have 
been  appointed,  after  the  passage  of  this  act,  a  trustee 
shall  be  appointed  for  a  period  of  six  years. 

Sec.  3.  It  shall  be  the  duty  of  the  board  to  visit  each 
school  under  its  supervision  at  least  once  during  each 
scholastic  year  for  the  purpose  of  making  such  inspec- 
tion of  its  work  and  gathering  such  information  as  will 
enable  said  board  to  perform  its  duties  intelligently  and 
effectively. 

Sec.  4.  It  shall  be  the  duty  of  this  board  of  trustees 
to  require,  as  far  as  possible,  the  same  course  of  study, 
the  same  educational  standards  and  ideals  for  the  said 
normal  schools  of  the  State ;  and  to  secure  this  end,  the 
board  of  trustees  may  require,  at  the  hands  of  a  com- 
mittee composed  of  presidents  of  the  said  normal 
schools,  the  preparation  and  submission  of  a  proposed 
course  of  study,  which  may  be  adopted  in  whole  or  in 


140  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

part  by  the  board  of  trustees,  and  when  so  adopted,  the 
said  course  of  study,  shall  be  maintained  in  those  nor- 
mal schools  to  which,  under  the  direction  of  the  board 
of  trustees,  the  said  course  of  study  may  apply. 

Sec.  5.  The  said  board  of  trustees  shall  have  the 
power  and  it  is  made  their  duty  to  elect  all  presidents, 
or  other  officials,  professors  and  other  teachers  employ- 
ed in  any  of  the  normal  schools  and  to  fix  their  salaries. 
It  is  made  the  duty  of  the  president  of  each  school  to 
nominate  annually  to  the  board  of  trustees  such  pro- 
fessors, teachers,  officials  and  assistants  as  in  his  opin- 
ion will  promote  the  best  interests  of  the  institution. 

Sec.  6.  The  board  of  trustees,  shall  have  the  power 
to  make  such  rules  and  regulations  for  the  government 
of  its  own  actions  and  for  the  regulation  and  control  of 
the  several  normal  schools  of  the  State,  as  may  be  nec- 
essary for  the  enforcement  of  the  provisions  of  this 
act. 

Sec.  7.  It  is  made  the  duty  of  the  six  appointive 
members  of  this  board  to  make  an  official  report  to 
each  legislature  of  Alabama.  This  report  shall  set 
forth  briefly  the  condition,  the  progress  and  the  needs 
of  each  of  these  schools  and  the  report  shall  contain 
such  other  information  and  shall  make  such  recommen- 
dations as  the  board  may  deem  right  and  proper. 

Sec.  8.  It  is  hereby  made  the  duty  of  the  board  of 
trustees  of  the  State  normal  schools  to  meet  at  the  call 
of  the  chairman  or  at  the  call  of  the  State  superinten- 
dent of  education,  who  shall  be  the  secretary  of  the 
board,  and  at  such  other  times  as  may  be  indicated  by 
request  of  the  majority  of  the  appointiA^e  members  of  the 
board. 

Sec.  9.  The  members  of  the  board  of  trustees  shall 
serve  without  pay,  except  that  they  shall  be  reimbursed 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       14X 

from  the  funds  of  the  State  normal  schools  for  their  ac- 
tual expenses  incurred  in  attending  meetings  of  the 
board. 

Sec.  10.  It  is  made  the  duty  of  the  board  of  trustees 
to  extend,  as  far  as  possible,  the  usefulness  of  the  State 
normal  schools,  by  providing  for  summer  training 
courses  for  teachers,  thus  recognizing  the  importance  of 
keeping  these  schools  open  at  all  times,  for  the  training 
and  improvement  of  the  public  school  teachers  of  Ala- 
bama. 

Sec.  11.  All  laws  and  parts  of  laws,  whether  general, 
special  or  charter,  in  conflict  with  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  April  18,  1911. 


No.  345.)  AN  ACT  (S.  222. 

To  provide  for  the  establishment  of  libraries  in  the 
rural  town  and  village  schools  of  Alabama,  to  make  an 
appropriation  therefor,  to  provide  for  their  maintenance 
and  for  their  improvement,  to  authorize  the  commission- 
ers' court  or  the  board  of  revenue  of  the  several  counties 
to  make  an  appropriation  for  the  establishment  and 
support  of  said  libraries,  and  to  provide  rules  and  regu- 
lations under  which  said  libraries  shall  be  established 
and  maintained. 

Be  it  enacted  hy  the  Legislature  of  Alabama: 
Section  1.  That  the  sum  of  one  hundred  dollars 
($100.00)  for  each  county,  in  all  sixty-seven  hundred 
dollars  (|6,700.00)  be  and  the  same  is  hereby  appropri- 
ated annually  out  of  any  moneys  not  otherwise  appro- 
priated for  the  purpose  of  establishing  and  maintaining 
libraries  in  the  public  schools  of  Alabama;  provided. 


142  PUBLIC   SCHOOL  LAWS  OF  ALABAMA. 

that  the  provisions  of  this  act  shall  not  agph^  to  any 
school  located  in  a  town  or  city  of  more  than  one  thou- 
sand inhabitants. 

Sec.  2.  That  any  commissioners'  court,  or  board  of 
revenue,  or  other  similar  court  in  any  county  of  this 
State  be  and  the  same  is  hereby  authorized  to  appro- 
priate not  less  than  ten  (flO.OO)  dollars,  to  each  dis- 
trict public  school  in  the  county  in  any  one  year  for  the 
purpose  of  establishing,  maintaining,  enlarging,  or  im- 
proving public  libraries  in  rural,  village,  or  town 
schools;  provided,  that  no  appropriation  shall  be  made 
to  any  school  located  in  a  town  of  more  than  one  thou- 
sand inhabitants. 

Sec.  3.  That  in  order  to  obtain  the  benefits  of  the 
provisions  of  this  act,  the  patrons  or  friends  of  any 
district  school  shall  first  raise  a  sum  of  not  less  than 
ten  ($10.00)  dollars,  and  deposit  the  said  amount  with 
the  county  superintendent  of  education.  He  shall  with- 
in ten  days,  certify  to  the  commissioners'  court  or  other 
similar  court  or  board  of  the  said  county,  the  fact  of  the 
said  deposit,  and  request  action  thereon.  Thereupon 
the  said  court  or  board  shall  at  once,  or  at  the  first 
term  following  the  receipt  of  the  notice,  consider  the 
application,  and  shall  either  dismiss  the  same  or  make 
an  appropriation  of  not  less  than  ten  (flO.OO)  dollars. 
If  the  appropriation  shall  be  made,  the  probate  judge 
or  other  presiding  oflBcer  of  the  court  or  board  shall  on 
the  same  date  certify  the  fact  to  the  county  superinten- 
dent of  education,  w^ho  shall  immediately  thereafter, 
transmit  the  same  to  the  State  superintendent  of  edu- 
cation. On  receipt  of  notice  the  State  superintendent 
shall  make  a  requisition  upon  the  State  auditor  for 
the  sum  of  ten  (flO.OO)  dollars,  in  order  to  meet  such 
donation  and  appropriation.  The  said  warrant  shall 
be  drawn  in  favor  of  the  county  treasurer  of  school 
funds,  to  whom  shall  also  be  at  once  paid  over  by  the 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  I43 

county  superintendent  of  education  the  amount  first 
collected  by  voluntary  subscription,  and  the  sum  appro- 
priated by  the  county.  An  account  of  said  sums  so  re- 
ceived shall  be  kept  separate ;  and  they  shall  be  paid  out 
by  him  as  hereinafter  directed. 

Sec.  4.  That  the  State  superintendent  of  education, 
with  the  assistance  of  the  director  of  the  department  of 
archives  and  history,  shall  compile  and  publish  a  care- 
fully selected  and  annotated  list  of  books  from  which 
the  libraries  herein  provided  shall  be  chosen,  and  they 
shall  also  adopt  and  publish  rules  and  regulations  for 
the  choice  of  books,  their  uses,  preservation  and  circula- 
tion, the  erection  of  book  shelves  or  book  cases,  and 
the  equipment  of  library  rooms  or  buildings,  and  the 
training  of  librarians  or  custodians  for  the  libraries. 
The  selection  shall  be  as  nearly  as  possible  representa- 
tive of  the  whole  field  of  literature,  and  maximum  prices 
for  purchase  shall  be  indicated. 

Sec.  5.  That  the  local  board  of  trustees  of  the  dis- 
trict in  which  the  school  is  located,  and  to  which  a  li- 
brary is  granted,  shall  constitute  a  library  board  charg- 
ed with  the  administration  of  the  library  as  other  school 
property,  and  they  are  hereby  charged  with  the  same 
care  and  attention  in  connection  therewith  as  of  the 
school  grounds,  the  school  building  or  buildings,  and  the 
school  equipment.  They  shall  select  the  librarian  or 
custodian,  who  shall  be  the  teacher,  if  he  or  she  will  con- 
sent to  act,  and  they  shall  see  that  the  rules  prescribed 
herein  are  carried  out,  but  if  the  librarian  is  other  than 
the  teacher,  such  person  shall  be  under  the  direction  of 
the  teacher  as  the  representative  of  the  district  board 
of  trustees.  They  shall  provide  a  suitable  book-case,  or 
book-cases,  with  lock  and  key,  for  the  preservation  of 
the  library. 

Sec.  6.  That  the  selection  and  purchase  of  the  books 
from  the  authorized  list  shall  be  made  by  the  district 


144  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

board  of  trustees,  upon  the  recommendation  of  the 
teacher  or  of  any  patron  or  friend  of  the  school.  After 
the  order  therefor  shall  be  placed,  on  receipt  of  notice 
of  the  delivery  of  the  books,  the  county  treasurer  of 
school  funds  shall  draw  a  warrant  or  check  to  cover  the 
charges,  including  the  freight.  Vouchers  or  bills  in 
duplicate  shall  be  made  out,  one  copy  for  the  county 
treasurer  of  school  funds,  and  one  copy  to  be  sent  by 
the  bookseller  or  dealer  to  the  State  superintendent  of 
education. 

Sec.  7.  That  all  unexpended  balances  on  the  first 
day  of  October  each  year  shall  be  reapportioned  equally 
among  all  the  counties  of  the  State. 

Sec.  8.  That  no  person  charged  with  any  duties  here- 
under shall  receive  any  compensation  or  commission  for 
his  or  her  services. 

Sec.  9.  That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act  be  and  the  same  are  here- 
by repealed.  Provided  this  act  shall  take  effect  when 
in  the  opinion  of  the  governor  the  condition  of  the  State 
treasury  will  justify  the  appropriation  herein  provided 
for. 

Approved  April  13th,  1911. 


No.  498.)  AN  ACT  (H.  211. 

To  provide  for  the  holding  of  teachers'  institutes  for 
teachers  in  this  State  and  to  make  necessary  appropria- 
tions for  the  same. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
bama, That  the  sum  of  five  thousand  dollars  (|5,000.00) 
be  appropriated  annually  out  of  the  general  school  fund, 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  145 

for  the  purpose  of  defraying  the  expenses  of  holding 
and  conducting  institutes  for  the  white  teachers  of  this 
State,  and  the  further  sum  of  fifteen  hundred  dollars 
(|1,500.00)  be  and  the  same  is  hereb}^  appropriated  out 
of  the  educational  fund  for  defraying  the  expenses  of 
holding  institutes  for  the  colored  teachers  of  the  State. 

Sec.  2.  Institutes  for  the  white  teachers  shall  be  held 
for  a  period  of  one  week  in  each  county  of  the  State,  at 
such  time  as  may  be  determined  by  the  county  board  of 
education  during  the  months  of  July,  August,  Septem- 
ber or  October ;  provided,  that  the  county  boards  of  edu- 
cation of  two  or  more  adjoining  counties,  may,  by  agree- 
ment, have  conducted  a  joint  institute  for  the  counties 
participating  in  the  agreement,  at  such  a  point  as  they 
may  determine. 

Sec.  3.  There  shall  be  conducted,  for  the  colored 
teachers  of  the  State,  teachers  institutes  at  such  places 
and  times,  and  under  such  management  and  direction 
as  may  be  determined  by  the  State  superintendent  of 
education,  and  the  money  appropriated  by  this  act,  for 
the  holding  of  institutes  for  the  colored  teachers,  shall 
be  so  divided  among  the  several  places  at  which  colored 
institutes  are  held  as  may,  in  the  judgment  of  the  super- 
intendent of  education,  be  fair  and  equitable,  and  secure 
the  greatest  good  to  the  greatest  number. 

Sec.  4.  The  money  appropriated  by  this  act  for  the 
holding  of  institutes  for  the  white  teachers  of  the  State, 
shall  be  apportioned  by  the  superintendent  of  education 
to  the  several  counties  of  the  State  in  proportion  or  ap- 
proximate proportion  to  the  number  of  white  teachers 
actually  employed  in  the  several  counties  of  the  State. 

Sec.  5.  It  is  hereby  made  the  duty  of  the  teachers  to 
attend  the  institute  which  may  be  conducted  in  their 
own  county  for  the  benefit  of  teachers  of  the  race  to 

10    SL 


146  PUBLIC    SCHOOL   LAWS    OP   ALABAMA. 

which  they  belong,  unless  such  teachers  are  specifically 
excused  from  attending  by  the  county  superintendent, 
which  excuse  must  be  in  writing  and  approved  by  the 
chairman  of  the  county  board.  It  is  made  the  duty  of 
the  State  superintendent  of  education  to  cancel  the  cer- 
tificate of  any  teacher  who  may  fail  to  attend  an  insti- 
tute for  a  period  of  not  less  than  four  days  of  each  year, 
unless  such  teacher  shall  secure  the  written  excuse  sign- 
ed by  the  county  superintendent  and  approved  by  the 
chairman  of  the  county  board  of  education  or  unless 
such  a  teacher  may  convince  the  State  Superintendent 
of  education  that  he  has  attended  for  a  period  of  not 
less  than  three  weeks  during  the  current  year  some  edu- 
cational institution  during  which  time  he  was  engaged 
in  the  work  of  professional  training,  either  as  a  student 
or  as  a  teacher,  or  unless  he  is  the  holder  of  a  life  grade 
State  certificate. 

Sec.  6.  It  is  made  the  duty  of  each  county  superin- 
tendent of  education  to  keep  an  accurate  record  of  the 
attendance  of  all  teachers  during  the  institute,  conduct- 
ed for  the  teachers  of  his  county,  and  report  the  same  to 
the  State  superintendent  of  education,  shoVing  the 
number  of  whole  days  which  each  teacher  actually  at- 
tended, provided  that  such  time  attended  by  each  teach- 
er shall  not  be  counted  as  time  taught  nor  shall  any 
teacher  receive  any  pay  or  compensation  for  attending 
an  institute. 

Sec.  7.  Each  teacher  attending  an  institute  shall  pay 
to  the  county  superintendent  a  fee  of  not  less  than  fifty 
cents  (50c)  and  not  more  than  one  dollar  (fl.OO) 
which  shall  be  used  in  that  particular  county  to  sup- 
plement the  State  fund  appropriated  by  this  act  for  the 
maintenance  of  teachers'  institutes. 

Sec.  8.  It  is  the  duty  of  the  State  superintendent  of 
education  to  submit  annually,  in  the  months  of  June  or 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       147 

July,  through  the  count}'  superiutendeuts,  to  the  several 
couuty  boards  a  list  of  expert  conductors  of  institutes 
whose  services  may  be  available  and  from  this  list  each 
county  board  may  select  such,  conductor  or  conductors 
as  they  may  desire,  notifying  the  State  superintendent 
of  their  choice;  and  if  because  of  conflicting  dates  or 
other  unavoidable  conditions,  neither  the  first  nor  sec- 
ond choices  are  able  to  be  had,  then  it  is  made  the  duty 
of  the  State  superintendent,  through  further  agreement 
between  him  and  the  local  county  authorities  to  secure 
the  best  possible  talent  for  conducting  the  institute. 
It  is  made  the  duty  of  the  State  superintendent  of  edu- 
cation to  employ,  with  the  fund  appropriated  by  this  act 
for  that  purpose,  such  conductors  and  teachers  in  the 
institutes  held  for  the  benefit  of  colored  teachers,  as 
will  secure  more  benefit  to  the  colored  race  by  present- 
ing to  them  ideals  more  practical,  methods  more  useful, 
results  more  desirable,  benefits  more  wholesome. 

Sec.  9.  The  conductors  and  teachers  employed  in 
county  institutes  shall  impart  such  instruction  to  the 
teachers  attending  the  institute,  in  the  theory  and  in 
the  art  of  teaching  and  kindred  subjects,  as  will  render 
them  more  efficient,  more  capable,  more  enthusiastic^ 
more  successful  teachers. 

Sec.  10.  All  laws  and  parts  of  laws,  either  general 
or  special,  otherwise  providing  for,  or  referring  to 
teachers'  institutes  in  this  State  be  and  the  same  are 
hereby  repealed. 

Approved  April  18th,  1911. 


No.  517%)  AN  ACT  (H.  134. 

To  make  appropriation  for  the  support  and  main- 
tenance of  the  Southern  Industrial  Institute  for  white 
boys  and  girls  at  Camp  Hill,  Ala.,  for  the  years  1911, 
1912,  1913,  1914. 


148  PUBLIC    SCHOOL   LAWS    OP   ALABAMA. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  the  sum  of  three  thousand  (|3,000.00)  dol- 
lars per  year,  is  hereby  appropriated,  out  of  any  money 
in  the  State  treasury,  for  the  support  and  maintenance 
of  the  Southern  Industrial  Institute  for  white  boys  and 
girls  for  each  of  the  years  of  1911,  1912,  1913,  and 
1914. 

Sec.  2.  That  the  State  auditor  be,  and  he  is  hereby 
authorized  and  directed  to  draw  warrants  on  the  State 
treasurer  in  favor  of  the  Southern  Industrial  Institute 
for  the  sum  hereby  appropriated  to  the  support  and 
maintenance  of  said  school,  for  each  of  the  said  years 
mentioned  above.  Provided,  that  this  appropriation 
shall  not  be  available  until  the  governor  has  been  made 
ex-officio  a  member  of  the  board  of  trustees  of  said  in- 
stitution and  in  the  opinion  of  the  governor  the  condi- 
tion of  the  treasury  will  permit  of  the  expenditure. 

Sec.  3.  That  all  laws  and  parts  of  laws  in  conflict 
Avith  the  provisions  of  this  act  be,  and  the  same  are  here- 
by repealed. 

Approved  April  21,  1911. 


:No.  442.)  AN  ACT  (H.  413 

To  appropriate  the  sum  of  seven  thousand  five  hun- 
dred dollars  (|7,500.00)  for  the  completion  of  the 
school  building  of  the  Randolph  County  High  School 
located  at  Wedowee,  the  main  school  building  being  de- 
stroyed by  fire  November  30th,  1910. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Ala- 
bama, That  the  sum  of  seven  thousand  five  hundred  dol- 
lars (17,500.00)  is  hereby  appropriated  for  the  comple- 
tion of  the  Randolph  County  High  School  located  at  We- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  ^49 

dowee,  the  main  school  building  being  destroyed  by  fire 
on  November  30th,  1910.  Provided,  that  said  sum  here- 
by appropriated  shall  be  payable  on  the  approval  of  the 
governor,  in  whole  or  in  part  from  time  to  time,  as,  in 
hi.s  opinion,  the  condition  of  the  treasury  may  war- 
rant. 

Sec.  2.  The  State  auditor  is  hereby  authorized  and 
directed  to  draw  his  warrant  on  the  State  treasurer  in 
favor  of  the  treasurer  of  the  Randolph  County  High 
School  for  the  sum  of  seven  thousand  ^Ye  hundred  dol- 
lars (17,500.00)  and  the  State  treasurer  is  hereby  au- 
thorized and  directed  to  pay  the  amount  of  said  war- 
rant out  of  the  funds  in  the  State  treasury  not  other- 
wise appropriated. 

Sec.  3.  That  the  said  amount  of  seven  thousand  five 
hundred  dollars  (f 7,500.00)  shall  be  expended  by  the 
bc^'ird  of  education  of  Randolph  county  in  the  comple- 
tion of  the  school  building  of  the  said  Randolph  County 
High  School  at  Wedowee. 

Approved  April  20th,  1911. 


No.  370.)  AN  ACT  (S.  206. 

To  create  and  establish  the  Alabama  School  of  Trades 
&  Industry  for  Boys  and  Young  Men  in  teaching  and 
training  them  in  useful  and  industrial  pursuits  and  in 
the  arts  and  sciences;  to  provide  skilled  labor  in  this 
State  and  to  enable  the  students  of  such  school  to  ac- 
quire such  education  and  training  by  means  of  employ- 
ing a  part  or  portion  of  their  time  and  labor  w^hile  in 
school  to  pay  all  or  part  of  their  board,  lodging  and 
tuition,  and  to  incorporate  such  institution  under  the 
name  of  the  "Alabama  School  of  Trades  and  Industry," 
with  perpetual  succession  to  have  a  corporate  seal,  and 


150  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

to  sue  and  be  sued  iu  the  courts  of  this  State  of  compe- 
tent jurisdiction  as  in  the  cases  of  natural  persons,  to 
create  a  board  of  control  composed  of  five  persons  which 
may  be  increased  by  such  board  to  not  exceeding  nine 
persons,  with  right  to  acquire  by  purchase,  devise,  be- 
quest, or  otherwise  any  real  or  personal  property,  or 
both,  for  the  benefit  of  such  school,  and  with  the  author- 
ity to  dispose  of  the  same  or  any  part  thereof,  and  to 
authorize  an  appropriation  by  the  State  to  aid  in  the 
erecting  of  suitable  school  buildings  and  equipment,  and 
with  power  to  give  and  grant  to  students  certificates  of 
proficiency  in  their  studies  and  certificates. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
hamay  That  there  be  and  is  hereby  created  and  establish- 
ed at  Raglan d,  Ala.,  The  Alabama  School  of  Trades  and 
Industry  for  the  education  and  training  of  white  boys 
and  young  men  in  all  of  the  useful  and  industrial  occu- 
pations and  in  the  arts  and  sciences,  and  to  enable  the 
students  of  such  institution  to  acquire  the  education 
and  training  by  employing  a  part  or  portion  of  their 
time,  if  necessary,  while  in  school  to  pay  all  or  in  part 
of  their  board,  lodging  and  tuition  for  themselves. 

Sec.  2.  That  such  school  be  and  is  hereby  incorporat- 
ed by  this  act  under  the  name  of  "The  Alabama  School 
of  Trades  and  Industry,"  with  the  right  to  have  and  use 
a  corporate  seal,  to  sue  and  be  sued  in  such  corporate 
name  in  any  of  the  courts  of  this  State  of  competent 
jurisdiction,  as  in  the  cases  of  natural  persons. 

Sec.  3.  That  it  shall  be  the  duty  of  the  governor  up- 
on the  approval  of  this  act,  to  appoint  five  trustees,  who 
shall  constitute  a  board  of  control  for  the  said  school, 
whose  terms  of  office  shall  be  five  years  for  the  first  two 
named,  six  years  for  the  third  and  fourth  members  and 
seven  years  for  the  fifth.  This  said  board  shall  have  the 
power  and  authority  to  increase  the  membership  to  not 


PUBLIC    SCHOOL    LAWS    OP    ALABAMA.  15] 

exceeding  nine  members  of  such  trustees.  All  vacancies 
and  term  expiration  in  such  first  five  named  shall  be 
filled  by  appointment  of  the  governor.  That  the  afore- 
said trustees  named  in  this  act  shall  meet  in  the  town  of 
Ragland  at  such  time  as  they  may  appoint,  not  more 
than  ninety  days  after  the  approval  of  this  act,  and  or- 
ganize themselves  into  a  board  of  control  for  said  school 
by  electing  one  of  their  members  chairman  and  one  sec- 
retary and  treasurer,  and  such  other  officers  as  they 
may  think  necessary,  a  majority  shall  constitute  a  quo- 
rum of  such  board  for  the  transaction  of  business. 

Sec.  4.  That  such  board  of  control  is  hereby  invested 
with  full  and  ample  authority  to  receive  and  accept  for 
the  use  and  benefit  of  such  school  all  gifts,  donations, 
devises  and  bequests  of  any  and  all  money  and  real  and 
personal  property  necessary  and  useful  in  carrying  into 
effect  the  object  and  purposes  of  this  act,  and  with  the 
authority  on  the  part  of  such  board  of  control  in  the 
name  of  such  corporation  to  sell  and  dispose  of  such 
property  in  which,  in  the  judgment  of  such  board,  may 
aid  in  carrying  into  effect  the  objects  of  this  act,  and 
the  building  up  and  sustaining  of  such  school. 

Sec.  5.  That  the  persons  attending  such  school  shall 
be  taught  and  thoroughly  trained  in  any  and  all  useful 
occupations,  arts  and  sciences  as  the  student  may  se- 
lect, with  the  concurrence  and  approval  of  such  board. 

Sec.  6.  That  the  board  of  control  aforesaid  be  and  it 
is  hereby  invested  with  full,  ample  and  sufficient  power 
and  authority  to  make  and  adopt  all  laws,  rules  and  reg- 
ulations not  inconsistent  with  the  laws  of  this  State, 
which  in  their  judgment  may  be  necessary  for  the  man- 
agement, control  and  conduct  of  such  school,  and  the 
business  connected  therewith. 

Sec.  7.  That  said  school  shall  be  located  at  Ragland, 
Ala.,  on  a  lot,  piece  or  parcel  of  land  containing  in  area 


152  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

not  less  than  one  hundred  acres  to  be  selected  by  the 
board  of  control  of  such  school.  That  on  a  good  and 
sufficient  deed  of  conveyance  being  made  and  executed 
to  the  corporation  hereinbefore  named  to  such  lot,  piece 
or  parcel  of  land,  and  satisfactory  evidence  thereof  and 
the  payment  of  the  purchase  money  therefor  furnished 
to  the  governor  of  the  State,  he  shall  order  and  direct 
the  auditor  of  the  State  to  draw  a  warrant  on  the  State 
treasurer  in  and  for  the  sum  of  fifty  thousand  dollars, 
payable  to  such  board  of  control,  and  said  money,  when 
received  by  the  board  aforesaid,  shall  be  used  by  the 
board  in  constructing  useful  and  necessary  school  build- 
ings and  equipments  on  such  lands,  provided  that  the 
amount  of  |20,000.00  hereby  appropriated  shall  be  used 
for  the  purpose  of  maintenance  of  said  school  at  the 
rate  of  |5,000.00  annually,  and  that  five  thousand  dol- 
lars thereafter  are  annually  appropriated  out  of  any 
money  in  the  State  treasury  for  the  maintenance  of  said 
school. 

Sec.  8.  That  such  board  of  control  shall  from  time  to 
time  in  connection  with  such  school  erect  and  construct 
all  useful  plants,  shops  and  other  necessary  equipment 
useful  in  furnishing  labor  and  employment  to  the  stu- 
dents in  the  school,  in  order  to  enable  them  to  pay  all  or 
in  part  of  their  board,  lodging  and  tuition,  when  same 
may  be  necessary. 

See.  9.  That  when  said  board  of  control  shall  have 
acquired  and  received  the  sum  of  twenty-five  thousand 
dollars,  in  money  or  property  at  its  cash  value  from  any 
sources  for  the  use  and  benefit  of  such  institution  and 
as  contemplated  in  this  act,  having  such  sum  subject  to 
the  order  of  such  board,  and  on  satisfactory  proof  there- 
of being  made  to  the  governor,  he  shall  direct  and  re- 
quire the  State  auditor  to  draw  his  warrant  on  the 
State  treasurer  in  favor  of  such  board  of  control  for 
twelve  thousand  five  hundred  dollars,  and  twelve  months^ 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  I53 

thereafter  a  like  sum  for  twelve  thousand  five  hundred 
dollars,  which  sum  of  money  shall  be  used  by  such  board 
in  constructing  and  maintaining  suitable  buildings, 
equipments  and  edifices  for  the  uses  and  benefits  of  such 
institution  and  in  its  carrying  into  effect  under  this 
act. 

Sec.  10.  That  said  board  of  control  shall  be  required 
to  keep  in  a  well  bound  book  or  books  a  full  and  com- 
plete record  of  all  of  the  acts  and  doings  under  the  pro- 
visions of  this  act,  which  record  or  records  shall  at  all 
times  in  seasonable  hours  be  open  to  public  inspection 
for  any  and  all  persons  interested  in  the  same  or  in  the 
school.  The  governor  may  at  pleasure  direct  the  State 
examiner  of  public  accounts  to  inspect  and  report  on  all 
money  expended  by  such  board  under  this  act.  Provid- 
ed, that  the  sum  hereby  appropriated  shall  be  paid  only 
on  the  approval  of  the  governor,  as,  in  his  opinion,  the 
state  of  the  treasury  may  warrant.  The  governor  may 
approve  the  payment  in  whole,  or  in  part  from  time  to 
time. 

Approved  April  12th,  1911. 


No.  277.)  AN  ACT  (S.  400. 

To  provide  for  the  disposition  of  the  property  of  edu- 
cational corporations  whose  stockholders  are  unknown 
or  where  the  amount  or  number  of  shares  are  unknown. 
Be  it  enacted  hy  the  Legislature  of  Alabama : 

1.  That  where  the  charter  of  any  educational  corpo- 
ration organized  under  the  laws  of  this  State,  general 
or  special,  provides  for  the  issuance  of  stock  and  such 
stockholders  are  unknown  or  where  the  amount  or  num- 
ber of  shares  are  unknown  the  property  of  such  corpora- 
tion may  be  disposed  of  as  follows: 


154  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

2.  The  acting  trustees  or  directors  having  peaceable 
charge  of  the  business  and  property  of  said  corporation 
whether  legally  elected  or  not  may  contract  to  sell  or 
otherwise  dispose  of  the  property  of  such  corporation  in 
such  manner  as  they  may  deem  best  to  carry  out  the 
purposes  of  said  corporation  which  action  must  be  con- 
curred in  by  a  majority  of  such  acting  trustees  or  di- 
rectors. 

3.  That  within  thirty  days  after  making  such  contract 
or  agreement  such  trustees  or  directors  shall  cause  to 
be  filed  in  the  name  of  such  corporation  in  the  chan- 
cery court  of  the  district  in  w^hich  such  property  or  the 
principal  part  thereof  is  situated  a  petition  in  writing 
verified  by  affidavit  setting  forth  the  purposes  of  such 
corporation  and  that  the  stockholders  are  unknown  or 
that  the  amount  or  number  of  shares  are  unknown  and 
setting  out  the  sale  or  disposition  contemplated  and 
that  in  the  judgment  of  such  trustees  or  a  majority  of 
them  such  disposition  is  best  to  carry  out  the  purposes 
of  such  corporation.  If  any  of  such  stockholders  are 
known  such  petition  shall  also  set  out  their  names  and 
residence  if  known. 

4.  On  the  filing  of  such  petition  the  register  shall 
cause  publication  to  be  made  as  to  such  unknown  or 
non-resident  stockholders  as  provided  by  law  for  pub- 
lication as  to  non-residents  on  the  filing  of  bills  in  chan- 
cery and  he  shall  issue  a  summons  to  all  resident  stock- 
holders named  in  the  petition  which  shall  be  served  as 
other  summons  and  the  same  proceedings  had  as  to  all 
the  known  stockholders  named  in  the  petition  as  provid- 
ed for  bills  in  chancery. 

5.  Within  the  time  allowed  for  pleading  to  bills  in 
chancery  any  known  or  unknown  stockholder  may  come 
in  and  propound  his  claim  and  contest  such  disposition 
if  he  deem  proper  and  such  petition  shall  be  heard  as 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  I55 

other  bills  in  chancery  and  such  disposition  confirmed 
or  set  aside  or  such  dispositions  made  of  said  property 
as  the  equities  of  the  case  may  require. 

6.  If  such  petition  is  not  contested  within  the  time 
allowed  for  pleading  to  bills  in  chancery  the  same  may 
be  submitted  to  the  chancellor  in  term  time  or  vacation 
on  affidavits  and  the  character  of  said  corporation  or  a 
certified  copy  thereof  and  he  may  render  a  decree  there- 
on in  term  time  or  vacation  ratifying  such  sale  or  dis- 
position or  modifying  the  same  and  prescribing  such 
terms  and  restrictions  as  he  may  deem  best  for  carrying 
out  the  purposes  of  such  corporation  and  authorizing  a 
conveyance  of  such  property  by  such  trustees  or  the 
president  and  secretary  of  said  board  which  shall  con- 
vey to  the  grantee  all  the  title  of  said  corporation  or  of 
any  stockholder  thereof  in  said  property  subject  to  the 
restrictions  contained  in  such  decree  or  he  may  refuse 
to  ratify  such  disposition. 

7.  If  any  money  is  paid  under  such  decree  the  same 
shall  be  paid  to  the  register  to  be  distributed  under  the 
orders  of  the  court  to  the  parties  entitled  thereto  on 
proper  proof. 

8.  Any  party  contesting  such  petition  may  at  any 
time  within  sixty  days  after  the  rendition  of  such  decree 
prosecute  an  appeal  to  the  supreme  court  as  on  final  de- 
crees on  bills  in  chancery  and  such  appeal  may  also  be 
taken  by  such  acting  trustees  or  directors  in  the  name 
of  such  corporation. 

9.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

Approved  April  8,  1911. 


156  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

No.  199.)  AN  ACT  (H.  674. 

To  establish  a  State  school  for  teaching  agriculture 
and  domestic  economy  at  Lineville,  Alabama,  to  provide 
for  the  management  and  control  thereof,  and  to  make 
appropriation  to  support  said  school. 

Be  it  enacted  hy  the  Legislature  of  Alabama,  as  fol- 
lows : 

Section  1.  That  there  is  hereby  established  at  Line- 
ville, Clay  county,  Alabama,  a  school  for  teaching  agri- 
culture and  domestic  economy  to  be  known  as  the 
"North  East  Alabama  Agricultural  and  Industrial  In- 
stitute." 

Sec.  2.  The  said  school  shall  be  under  the  supervis- 
ion and  direction  of  a  board  of  control  to  be  composed  of 
the  following  members:  The  State  superintendent  of 
education,  the  commissioner  of  agriculture  and  indus- 
tries, the  governor  and  two  men  who  shall  be  residents 
of  the  congressional  district  wherein  said  school  is  lo- 
cated. Said  two  members  shall  be  appointed  by  the  gov- 
ernor, and  shall  hold  office  for  four  years  and  until 
their  successors  are  appointed  and  qualified.  The  mem- 
bers of  said  board  of  control  shall  not  receive  any  com- 
pensation other  than  traveling  expenses  actually  incurr- 
ed in  attending  meetings  of  said  board.  Said  board 
shall  elect  a  treasurer  for  such  school,  prescribe  his 
compensation,  fix  his  bond,  and  provide  for  the  approv- 
al thereof. 

Sec.  3.  The  said  board  of  control  shall  elect  all  nec- 
essary officers,  teachers  and  other  employees,  fix  their 
compensation,  time  of  office  and  prescribe  their  duties; 
they  shall  make  all  necessary  rules  and  regulations  for 
the  government  and  control  of  said  school.  The  said 
board  of  control  shall  prescribe  the  course  of  study  for 
said  school  but  instruction  shall  be  sjiven  in  the  ele- 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  ^57 

rnents  of  agriculture,  including  instruction  concerning 
the  soil,  plant  life  and  animal  life  of  the  farm.  The 
course  of  study  shall  also  include  the  teaching  of 
manual  training,  domestic  economy  and  a  system  of 
keeping  farm  accounts  and  such  other  kindred  subjects 
as  may  be  prescribed. 

Sec.  4.  The  said  board  of  control  may  provide  for  the 
collection  of  a  matriculation  fee  from  each  pupil  en- 
tering said  school,  which  shall  not  exceed  the  amount 
fixed  as  a  matriculation  fee  for  county  high  schools. 
Said  board  shall  make  all  necessary  provisions  for 
drawing  the  funds  appropriated  for  the  support  of  said 
school  and  for  disbursing  the  same. 

Sec.  5.  For  the  support  of  said  school  there  is  here- 
by made  an  annual  and  continuing  appropriation  of 
three  thousand  dollars,  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated  and  shall  be  payable 
quarterly  beginning  on  the  first  day  of  October,  1911, 
and  shall  be  used  for  no  other  purpose  except  the  pay- 
ment of  the  salaries  of  teachers  in  said  school.  Said 
appropriation  shall  be  drawn  on  the  certificate  of  the 
superintendent  of  education  to  the.  State  auditor  to 
draw  his  warrant  in  favor  of  the  treasurer  of  said 
school,  approved  by  the  governor. 

Sec.  ().  The  said  school  shall  be  open  to  students  of 
the  white  race,  over  the  age  of  seven  years  residing  in 
Alabama,  provided  that  when  students  of  advanced  age 
attend  such  school  in  sufficient  nvimber  special  classes 
shall  be  organized  for  them,  and  continued  for  such 
time  as  ma}  be  necessary. 

Sec.  7.  This  act  shall  not  go  into  effect  until  a  suit- 
able brick  building  situated  on  a  tract  of  land  of  not 
less  than  ten  acres  in  area  has  been  provided  for  said 
rschool  and  the  same  has  been  conveyed  by  deed  without 


158  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

cost  or  expense  to  the  State  of  Alabama.  Said  build- 
ing and  land  shall  be  of  not  less  than  twenty  thousand 
dollars  in  value,  which  valuation  shall  be  determined  by 
the  superintendent  of  education  and  his  certificate  as 
to  such  valuation  shall  accompany  the  deed  to  the 
State. 

Approved  March  31,  1911. 


No.  336.)  AN  ACT  (H.  238. 

To  create  and  establish  a  reform  school  for  the  train- 
ing of  juvenile  negro  law-breakers  at  Mount  Meigs, 
Alabama;  to  make  appropriations  for  the  purpose  and 
accept  by  donation  all  such  lands  and  buildings  as  are 
needful  therefor;  to  create  a  board  of  trustees  and  to 
provide  for  the  suitable  management  of  said  institu- 
tion. 

Be  it  enacted  hy  the  Legislature  of  Alabama: 

1.  That  there  is  hereby  created  and  established  at 
Mount  Meigs,  Montgomery  county,  Alabama,  a  reform 
school  for  educating  and  training  juvenile  negro  law- 
breakers, to  be  governed  and  controlled  by  a  board  of 
trustees,  composed  of  the  governor,  the  superintendent 
of  education,  and  seven  other  trustees,  five  of  whom 
may  be  negro  women  who  are  interested  in  the  proper 
education  and  training  of  juvenile  negro  law-breakers, 
to  be  appointed  by  the  governor  by  and  with  the  ad~ 
vice  and  consent  of  the  senate. 

2.  The  school  shall  be  a  corporation  named  and  call- 
ed "The  Alabama  Reform  School  for  Juvenile  Negro 
Law-Breakers"  and  by  that  name  may  acquire  and  hold 
real  and  personal  property,  contract  and  sue,  and  have 
all  other  powers  necessary  for  conducting  such  an  edu- 
cational institution. 


PUBLIC    SCHOOL   LAWS   OP   ALABAMA.  I59 

3.  The  school  is  established  for  the  proper  education 
and  training  of  juvenile  negro  law-breakers,  as  may  be 
lawfully  committed  to  it.  The  course  of  instruction  in 
the  school  shall  include  a  common  school  education, 
with  a  thorough  training  in  agriculture  and  industries, 
and  giving  special  attention  to  moral  training  so  as  to 
make  him  a  self  respecting,  industrious,  good  citizen. 
Provided,  that  no  criminal  over  the  age  of  15  years  shall 
be  admitted  to  said  institution. 

4.  The  board  of  trustees  accept  land  and  building  at 
Mount  Meigs  where  the  reformatory  is  now  located,  and 
known  as  the  '^reformatory  for  negro  boys,''  under  the 
management  of  the  State  federation  of  colored  women's 
clubs,  incorporated  under  the  laws  of  Alabama.  The 
board  of  trustees  shall  take  charge  of  the  property  and 
school  and  manage  and  control  it  under  this  act.  The 
term  of  office  of  two  of  the  men  and  two  of  the  women 
first  appointed  under  this  act,  shall  expire  on  Monday 
after  the  second  Tuesday  in  January,  1913,  and  their 
successors  shall  hold  the  full  term  of  eight  years.  The 
other  trustees  appointed  under  this  act  shall  hold  of- 
fice of  trustee  until  Monday  after  the  second  Tuesday 
in  January,  1915,  and  their  successors  shall  hold  office 
for  a  term  of  eight  years.  If  any  trustee  should  die,  or 
resign  the  governor  shall  appoint  a  successor  to  hold 
for  the  unexpired  term.  All  trustees  for  the  school  shall 
be  appointed  by  the  governor  by  and  with  the  consent 
and  advice  of  the  senate. 

5.  The  trustees  shall  have  the  power  to  govern  and 
control  the  school  in  all  things,  to  prescribe  the  quali- 
fications of  the  officers  and  teachers,  fix  their  term  of 
office,  and  elect  them  to  and  remove  them  from  office 
whenever  the  good  of  the  school  requires  it.  They  shall 
have  the  power  to  require  of  any  officer  or  agent  of  the 
school  a  bond  and  the  power  to  fix  the  penalty  and  pre- 
scribe the  conditions  thereof. 


160       PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

6.  The  authorities  of  the  school  shall  receive  every 
negro  boy  ^yho  may  be  committed  to  it  by  an  order  or 
judgment  of  any  court  of  record  to  the  State  of  Ala- 
bama, and  support,  govern  and  teach  the  boy  until  he 
shall  be  of  the  age  of  eighteen  years  or  legally  discharg- 
ed from  the  school. 

7.  The  trustees  are  hereby  authorized  and  empower- 
ed to  accept  a  proper  deed  from  the  "State  Federation 
of  Colored  Women's  Clubs"  a  corporation,  to  the  twenty 
(20)  acres  of  land  and  all  improvements  situated  there- 
on and  may  buy  such  other  lands  and  buildings  in  con- 
nection with  said  institution  as  they  may  deem  proper, 
having  regard  to  the  healthfulness  of  the  location,  its 
surroundings,  and  accessibility  to  the  railroad;  and 
shall  have  authority  to  erect  thereupon,  any  and  all 
buildings,  structures  or  machinery  of  every  kind,  suita- 
ble and  necessary  for  the  use  and  maintenance  of  the 
school.  Provided,  however,  that  before  any  appropria- 
tion hereinafter  made,  shall  be  used  or  available  until 
the  execution  of  a  deed  in  fee  simple  to  the  State  of 
Alabama,  of  the  lands  and  buildings  thereon  herein- 
above defined ;  which  deed  shall  be  to  the  State  of  Ala- 
bama for  the  specific  purposes  named  in  this  act;  and 
unless  such  property  so  deeded  is  accepted  and  used  by 
the  State  of  Alabama  for  such  purposes,  then  the  same 
shall  revert  to  the  said  "State  Federation  of  Colored  Wo- 
men's Clubs"  a  corporation. 

8.  For  the  support  and  maintenance  of  the  school 
there  is  hereby  appropriated  the  sum  of  one  dollar  and 
seventy-five  cents  per  week  for  every  boy  lawfully  at- 
tending and  being  instructed  in  the  school,  which  shall 
be  paid  monthly  upon  the  sworn  statement  of  the  presi- 
dent of  the  school  and  approved  by  the  governor,  out 
of  the  State  treasury.  The  expense  for  transporting 
such  boy,  including  the  expenses  of  one  guard,  shall  be 
paid  out  of  the  State  treapury  upon  the  SAvorn  state- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       ^g^ 

ment  of  the  president  of  the  school  and  approved  by  the 


9.  The  board  of  trustees  in  charge  of  said  school,  are 
hereby  given  power  and  authority  to  make  all  such 
rules  and  regulations  as  may  be  needful  to  the  success- 
ful operation  of  said  school  and  for  the  employment  of 
all  such  guards  as  may  be  necessary  in  the  successful 
management  and  control  of  said  school,  and  to  fix  the 
salaries  to  be  paid  such  guards  and  to  limit  the  number 
thereof,  which  salaries  shall  be  paid  monthly  upon  the 
sworn  statement  of  the  president  of  the  school  and  ap- 
proved by  the  governor,  out  of  the  State  treasury. 

10.  The  earnings  and  all  other  revenue  derived  from 
whatever  source,  shall  be  delivered  to  the  board  of  trus- 
tees and  used  by  such  board  for  such  purposes  as  such 
board  of  trustees  may  deem  proper.  Or  such  earnings 
may  at  the  discretion  of  the  said  board  of  trustees,  be 
paid  in  whole  or  in  part,  into  the  State  treasury. 

11.  For  the  purpose  of  all  land  needful  and  the  erec- 
tion of  buildings  on  any  of  the  land  acquired  under  the 
provisions  of  this  act,  there  is  hereby  appropriated  out 
of  the  State  treasury,  the  sum  of  |8,000.00  to  be  paid 
in  quarterly  annual  installments,  upon  the  certificate 
of  the  trustees  with  the  approval  of  the  governor,  in 
providing  the  necessary  buildings,  lands,  and  equip- 
ments for  the  school. 

Approved  April  24,  1911. 


No.  208.)  AN  ACT  (S.  53. 

To  change  and  regulate  the  appointment  of  the  board 
of  control  of  the  Canebrake  Agricultural  Experiment 
Station,  to  prescribe  the  authority  and  duties  of  the 

11  SL 


162  PUBLIC    SCHOOL    LAWS    OP    ALABAMA. 

said  board  and  to  provide  for  the  expenses  of  the  said 
station. 

Be  it  enacted  hy  the  Legislature  of  the  State  of  Ala^ 
hama,  to-wit : 

Section  1.  The  said  Canebrake  Experiment  Station 
shall  be  under  the  general  supervision  and  control  of  a 
board  of  control  composed  of  five  progressive  citizens 
to  be  appointed  by  the  governor  who  are  actually  in- 
terested in  the  ownership  of  Canebrake  lands  and  who 
shall  receive  no  compensation  for  their  services  in  the 
matter.  On  the  first  day  of  September,  1911,  the  gov- 
ernor shall  appoint  the  five  members  of  the  board.  In 
the  commission  of  appointment  the  governor  shall  ap- 
point one  member  for  one  year,  one  for  two  years,  one 
for  three  years,  one  for  four  years,  and  one  for  five  years 
but  not  more  than  two  members  of  said  board  shall  be 
selected  from  one  county.  Each  year  thereafter  he 
shall  appoint  one  member  in  the  place  of  the  one  whose 
term  shall  expire  in  that  year  and  the  member  so  ap- 
pointed shall  hold  ofiice  for  the  term  of  five  years.  No 
member  of  the  said  board  shall  be  eligible  for  appoint- 
ment as  his  own  successor.  All  vacancies  due  to  death, 
resignation  or  other  cause  shall  be  filled  by  the  gov- 
ernor and  the  appointed  shall  hold  office  for  the  unex- 
pired term  of  the  member  whose  place  he  is  appointed 
to  fill  and  shall  be  subject  to  the  same  disabilities  as 
such  member.  The  present  members  of  the  board  of  con- 
trol shall  hold  office  and  exercise  the  powers  her^ein 
granted  until  their  successors  are  appointed  and  have 
qualified.  Each  member  hereafter  appointed  under  the 
provisions  of  this  act  shall  hold  office  for  the  term  speci- 
fied in  his  commission  and  until  his  successor  is  ap- 
pointed and  qualified. 

Sec.  2.  The  board  is  given  authority  to  appoint  and 
to  discharge  at  pleasure  such  officers,  agents,  and  serv- 
ants as  are  deemed  necessary  to  the  operation  of  such 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.       IQ'^ 

station  and  to  fix  their  compensation.  The  board  is  also 
given  authority  to  hold  institutes  for  the  benefit  of  the 
farms  in  the  county  that  surrounds  it;  to  select  and 
compensate  such  lecturers  as  it  may  choose  for  such  in- 
stitutes and  to  provide  for  the  entertainment  of  the  per- 
sons who  attend  such  institutes.  The  board  shall  have 
authority  to  lease  or  purchase  such  additional  land  as 
it  may  deem  necessary  and  proper  for  the  purpose  of 
conducting  the  station  to  the  greatest  possible  advant- 
age. It  shall  also  have  authority  to  plant  any  crops  it 
may  see  fit,  including  vegetables  and  fruits.  It  shall 
also  have  authority  to  experiment  as  it  may  see  fit  with 
all  kind  of  live  stock,  including  poultry.  It  shall  also 
have  authority  to  sell  and  dispose  of  all  surplus  product 
that  it  may  at  any  time  have  on  hand ;  it  shall  also  have 
authority  to  give  away  any  such  product  as  it  may  see 
fit  to  promote  the  interests  of  agriculture  in  the  coun- 
try that  surrounds  it,  to  exchange  the  same  with  other 
parties  or  stations. 

Sec.  3.  The  board  must  cause  such  experiments  to 
be  made  at  the  station  as  will  advance  the  interests  of 
scientific  agriculture  particularly  on  canebrake  lands 
and  to  cause  such  chemical  analyses  to  be  made  as  are 
deemed  necessary;  all  such  analyses  if  requested  to  be 
made  under  the  supervision  of  the  commissioner  of  agri- 
culture and  industries  by  the  chemist  of  the  agricul- 
tural department  without  charge. 

Sec.  4.  The  expenses  of  the  station  not  exceeding 
four  thousand  dollars  per  annum  must  be  paid  out  of 
the  funds  of  the  agricultural  department  to  the  treas- 
urer of  the  board  of  control  in  equal  quarterly  install- 
ments on  the  first  days  of  January,  April,  July  and 
October. 

Approved  April  7,  1911. 


164  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

No.  494.)  AN  ACT  (H.  338. 

To  amend  sections  60  (406),  61,  (407)  and  67  (413) 
of  the  code  of  Alabama  of  1907.  Be  it  enacted  hy  the 
Legislature  of  Alabama: 

Section  1.  That  sections  60  (406)  61  (407)  and  67 
(413)  of  the  code  of  Alabama  of  1907  be  and  the  same 
are  hereby  amended  so  as  to  read  as  follows : 

Sec.  2.  Section  60  (406).  Appropriations  out  of  agri- 
cultural fund;  when  prorated. — For  the  support  of  the 
nine  branch  agricultural  school  and  experiment  stations 
located  in  the  first,  second,  third,  fourth,  fifth,  sixth, 
seventh,  eighth,  and  ninth  congressional  districts,  re- 
spectively, in  the  State  of  Alabama  there  shall  be  ap- 
propriated annually  the  sum  of  seven  thousand  five 
hundred  dollars  to  each  of  said  schools,  one-fourth  of 
such  sum  to  be  paid  quarterly,  towit,  January,  1st,  April 
1st,  July  1st,  and  October  1st  of  each  year  to  the  treas- 
urer of  the  board  of  control  of  such  schools.  Provided, 
that  three  thousand  dollars  of  the  sum  hereby  appro- 
priated shall  be  payable  on  the  approval  of  the  gov- 
ernor, in  whole  or  in  part  from  time  to  time,  as  in  his 
opinion,  the  condition  of  the  treasury  may  warrant. 
Provided,  that  the  appropriations  under  this  act  shall 
become  available  and  operative  on  the  1st  day  of  July, 
1911. 

Sec.  3.  Section  61  (407.)  Not  less  than  one  thousand 
five  hundred  dollars  to  be  used  in  making  agricultural 
experiments  and  operating  a  department  of  domestic 
science  and  farm  mechanics. — Not  less  than  one  thou- 
sand five  hundred  dollars  of  the  sum  so  appropriated  to 
each  of  said  schools  shall  be  used  in  maintaining,  cul- 
tivating and  improving  the  farm,  respectively  and  oper- 
ating and  maintaining  departments  of  domestic  science 
and  farm  mechanics  and  making  agricultural  experi- 


PUBLIC    SCHOOL    LAWS    OP    ALABAMA.  ^^5 

ments  thereon,  under  and  by  directions  of  the  board  of 
control  and  the  professor  of  agriculture  of  the  Alabama 
Polytechnic  Institute.  The  courses  in  scientific  agri- 
culture, horticulture,  domestic  science  and  farm  me- 
chanics, as  required  in  section  67  (413)  shall  be  for- 
mulated for  the  schools  and  experiments  by  the  said 
professor  of  agriculture  of  the  Alabama  Polytechnic  In- 
stitute. When  on  official  visits,  said  professor  of  agri- 
culture shall  be  paid  by  the  board  of  control  his  travel- 
ing expenses  thus  incurred. 

Sec.  4.  Section  67  (413)  Scientific  agriculture,  hor- 
ticulture, domestic  science  and  farm  mechanics  shall  be 
taught  at  all  the  agricultural  schools. — All  male  pupils 
who  receive  free  tuition  therein  shall  be  required  to  take 
the  course  in  scientific  and  practical  agriculture,  hor- 
ticulture and  farm  mechanics.  All  other  pupils  receiv- 
ing free  tuition  shall  be  required  to  take  the  course  in 
scientific  agriculture,  horticulture  and  domestic  science. 

Approved  April  22,  1911. 


No.  253.)  AN  ACT  (H.  610. 

To  amend  section  eight  hundred  and  ninety-five 
(895)  of  the  Code  of  Alabama. 

Be  it  enacted  by  the  Legislature  of  Alabama,  That  sec- 
tion eight  hundred  and  ninety-five  of  the  code  of  Ala- 
bama be,  and  the  same  is  hereby  amended  so  as  to  read 
as  follows : 

895.  Power  of  land  agent. — Such  land  agent  may 
call  on  any  official  in  this  State  for  access  to  any  rec- 
ords bearing  on  the  subject  of  his  investigation;  and  tax 
assessors  shall,  when  called  upon,  furnish  such  agent 
with  the  name  and  addresses  of  persons  now  in  posses- 


166  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

sion  of  any  sixteenth  section  land,  together  with  the 
present  assessed  value  of  such  land.  That  said  land 
agent  is  hereby  authorized  to  investigate  school  or  other 
lands  belonging  to  the  State  as  to  easements,  rights  of 
way,  cause  ways,  bridge  ways  and  abutments  in  connec- 
tion with  his  other  investigations,  and  shall  be  authoriz- 
ed and  empowered  to  grant  permits  for  easements,  cause 
ways,  or  bridge  ways  over  or  upon  the  lands  of  the 
State  upon  such  terms  and  conditions  as  may  be  ap- 
proved by  the  governor. 
Approved  April  7,  1911. 


EDUCATION  ARTICLE  OP  THE  CONSTITUTION. 
ARTICLE  XIV. 

EDUCATION. 

256.  The  legislature  shall  establish,  organize  and 
maintain  a  liberal  system  of  public  schools  throughout 
the  State  for  the  benefit  of  the  children  thereof  between 
the  ages  of  seven  and  twenty-one  years.  The  public 
school  fund  shall  be  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  apportioned  to  the  schools  in 
the  districts  or  townships  in  the  county  as  to  provide,  as 
nearly  as  practicable,  school  terms  of  equal  duration  in 
such  school  districts  or  townships.  Separate  schools 
shall  be  provided  for  white  and  colored  children,  and  no 
child  of  either  race  shall  be  permitted  to  attend  a  school 
of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the  sale 
or  other  disposition  of  lands  or  other  property,  which 
has  been  or  may  hereafter  be  granted  or  entrusted  to 
this  State  or  given  by  the  United  States  for  educational 
purposes  shall  be  preserved  inviolate  and  undiminished 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  ^67 

and  the  income  arising  therefrom  shall  be  faithfully  ap- 
plied to  the  specific  object  of  the  original  grants  or  ap- 
propriations. 

258.  All  lands  or  other  property  given  by  individ- 
uals, or  appropriated  by  the  State  for  educational  pur- 
poses, and  all  estates  of  deceased  persons  who  die  with- 
out leaving  a  will  or  heir  shall  be  faithfuly  applied  to 
the  maintenance  of  the  public  schools. 

259.  All  poll  taxes  collected  in  this  State  shall  be  ap- 
plied to  the  support  of  the  public  schools  in  the  respec- 
tive counties  where  collected. 

260.  The  income  arising  from  the  sixteenth  section 
trust  fund,  the  surplus  revenue  fund,  until  it  is  called 
for  by  the  United  States  government,  and  the  funds  enu- 
merated in  sections  257  and  258  of  this  Constitution, 
together  with  a  special  annual  tax  of  thirty  cents  on 
each  one  hundred  dollars  of  taxable  property  in  this 
State,  which  the  legislature  shall  levy,  shall  be  applied 
to  the  support  and  maintenance  of  the  public  schools, 
and  it  shall  be  the  duty  of  the  legislature  to  increase  the 
public  school  fund  from  time  to  time,  as  the  necessity 
therefor  and  the  condition  of  the  treasury  and  the  re- 
i50urces  of  the  State  may  justify;  provided,  that  nothing 
herein  contained  shall  be  so  construed  as  to  authorize 
the  legislature  to  levy  in  any  one  year  a  greater  rate  of 
State  taxation  for  all  purposes,  including  schools,  than 
sixty-five  cents  on  each  one  hundred  dollars  worth  of 
taxable  property;  and  provided  further,  that  nothing 
herein  contained  shall  prevent  the  legislature  from  first 
providing  for  the  payment  of  the  bonded  indebtedness 
of  the  State  and  interest  thereon  out  of  all  the  revenues 
of  the  State. 

261.  Not  more  than  four  per  cent,  of  all  moneys 
raised,  or  which  may  hereafter  be  appropriated  for  the 


168  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

support  of  public  schools,  shall  be  used  or  expended 
otherwise  than  for  the  payment  of  teachers  employed  in 
such  schools;  provided,  that  the  legislature  may,  by  a 
vote  of  two-thirds  of  each  house,  suspend  the  operation 
of  this  section. 

262.  The  supervision  of  the  public  schools  shall  be 
vested  in  a  superintendent  of  education,  whose  powers, 
duties  and  compensation  shall  be  fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public 
schools,  shall  be  appropriated  to  or  used  for  the  support 
of  any  sectarian  or  denominational  school, 

264.  The  State  University  shall  be  under  the  man- 
agement and  control  of  a  board  of  trustees  which  shall 
consist  of  two  members  from  the  congressional  district 
in  which  the  University  is  located,  one  from  each  of  the 
other  congressional  districts  in  the  State,  the  superin- 
tendent of  education  and  the  governor  who  shall  be  ex- 
officio  president  of  the  board.  The  members  of  the 
board  of  trustees  as  noAv  constituted  shall  hold  office- 
until  their  respective  terms  expire  under  existing  law, 
and  until  their  successors  shall  be  elected  and  confirmed 
as  hereinafter  required.  Successors  to  these  trustees 
whose  terms  expire  in  nineteen  hundred  and  two  shall 
hold  office  until  nineteen  hundred  and  seven ;  successors 
to  those  trustees  whose  terms  expire  in  nineteen  hun- 
dred and  four  shall  hold  office  until  nineteen  hundred 
and  eleven ;  successors  to  those  trustees  whose  terms  ex- 
pire in  nineteen  hundred  and  six  shall  hold  office  until 
nineteen  hundred  and  fifteen;  and  thereafter  their  suc- 
cessors shall  hold  office  for  a  term  of  twelve  years. 
When  the  term  of  any  member  of  such  board  shall  ex- 
pire, the  remaining  members  of  the  board  shall  by  secret 
ballot  elect  his  successor;  provided,  that  any  trustee  so 
elected  shall  hold  office  from  the  date  of  his  election  un- 
til his  confirmation  or  rejection  by  the  senate,  and,  if 


PUBLIC    SCHOOL    LAWS    OF    ALABAMA.  IQQ 

confirmed,  until  the  expiration  of  the  term  for  which  he 
was  elected,  and  until  his  successor  is  elected.  At  every 
meeting  of  the  legislature  the  superintendent  of  educa- 
tion shall  certify  to  the  senate  the  names  of  all  who 
have  been  so  elected  since  the  last  session  of  the  legis- 
lature, and  the  senate  shall  confirm  or  reject  them,  as 
it  shall  determine  is  for  the  best  interest  of  the  Univer- 
sity. If  it  reject  the  names  of  any  members,  it  shall 
thereupon  elect  trustees  in  the  stead  of  those  rejected. 
In  case  of  a  vacancy  on  said  board  by  death  or  resigna- 
tion of  a  member,  or  from  any  cause  other  than  the 
expiration  of  his  term  of  office,  the  board  shall  elect  his 
successor  who  shall  hold  office  until  the  next  session  of 
the  legislature.  No  trustee  shall  receive  any  pay  or 
emolument  other  than  his  actual  expenses  incurred  in 
the  discharge  of  his  duties  as  such. 

265.  After  the  ratification  of  this  Constitution  there 
shall  be  paid  out  of  the  treasury  of  this  State,  at  the 
time  and"  in  the  manner  provided  by  law,  the  sum  of  not 
less  than  thirty-six  thousand  dollars  per  annum  as  in- 
terest on  the  funds  of  the  University  of  Alabama,  here- 
tofore covered  into  the  treasury,  for  the  maintenance 
and  support  of  said  institution;  provided,  that  the  leg- 
islature shall  have  the  power  at  any  time  they  deem 
proper  for  the  best  interest  of  said  University  to  abolish 
the  military  system  at  said  institution,  or  reduce  the 
said  system  to  a  department  of  instruction,  and  that 
such  action  on  the  part  of  the  legislature  shall  not 
cause  any  diminution  of  the  amount  of  the  annual  in- 
terest payable  out  of  the  treasury  for  the  support  and 
maintenance  of  said  University. 

266.  The  Alabama  Polytechnic  Institute,  formerly 
called  the  Agricultural  and  Mechanical  College,  shall  be 
under  the  management  and  control  of  a  board  of  trus- 
tees which  shall  consist  of  two  members  from  the  con- 
oressional  district  in  which  the  institute  is  located,  and 
one  from  each  of  the  other  congressional  districts  in  the 
State   the  State  superintendent  of  education,  and  the 


170  PUBLIC    SCHOOL    LAWS    OF    ALABAMA. 

governor,  who  shall  be  ex-officio  president  of  the  board. 
The  trustees  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  and  shall  hold 
office  for  a  term  of  twelve  years,  and  until  their  suc- 
cessors shall  be  appointed  and  qualified.  The  board 
shall  be  divided  into  three  classes,  as  nearly  equal  as 
may  be,  so  that  one-third  may  be  chosen  quadrennially. 
Vacancies  occurring  in  the  office  of  trustees  from  death 
or  resignation,  and  the  vacancies  regularly  occurring  in 
the  year  nineteen  hundred  and  five,  shall  be  filled  by  the 
governor,  and  such  appointee  shall  hold  office  until  the 
next  meeting  of  the  legislature.  Successors  to  those 
trustees  whose  terms  expire  in  nineteen  hundred  and 
three  shall  hold  office  until  nineteen  hundred  and 
eleven ;  successors  to  those  whose  terms  of  office  expire 
in  nineteen  hundred  and  five  shall  hold  office  until  nine- 
1  een  hundred  and  fifteen ;  and  successors  to  those  whose 
terms  of  office  expire  in  nineteen  hundred  and  seven 
shall  hold  office  until  nineteen  hundred  and  nineteen. 
No  trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of 
his  duties  as  such. 

267.  The  legislature  shall  not  have  power  to  change 
the  location  of  the  State  University,  or  the  Alabama 
Polytechnic  Institute,  or  the  Alabama  school  for  the 
Deaf  and  Blind,  or  the  Alabama  Girls'  Industrial 
school,  as  now  established  by  law,  except  upon  a  vote  of 
two-thirds  of  the  legislature  taken  by  yeas  and  nays 
and  entered  upon  the  Journals. 

268.  The  legislature  shall  provide  for  taking  a  school 
census  by  townships  and  districts  throughout  the  State 
not  oftener  than  once  in  two  years,  and  shall  provide 
for  the  punishment  of  all  persons  or  officers  making 
false  or  fraudulent  enumerations  and  returns;  provid- 
ed, the  State  superintendent  of  education  may  order 
and  supervise  the  taking  of  a  new  census  in  any  town- 
ship, district  or  county,  whenever  he  may  have  reason- 
able cause  to  believe  that  false  or  fraudulent  returns 
have  been  made. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  17| 

269.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  exceeding  ten 
cents  on  each  one  hundred  dollars  of  taxable  property 
in  such  counties,  for  the  support  of  public  schools ;  pro- 
vided, that  the  rate  of  such  tax,  the  time  it  is  to  con- 
tinue, and  the  purpose  thereof,  shall  have  been  first  sub- 
mitted to  a  vote  of  the  qualified  electors  of  the  county, 
and  voted  for  by  three-fifths  of  those  voting  at  such 
election;  but  the  rate  of  such  special  tax  shall  not  in- 
crease the  rate  of  taxation.  State  and  county  combined, 
in  any  one  year,  to  more  than  one  dollar  and  twenty- 
five  cents  on  each  one  hundred  dollars  of  taxable  prop- 
erty; excluding  however,  all  special  county  taxes  for 
public  buildings,  roads,  bridges  and  the  payment  of 
debts  existing  at  the  ratification  of  the  constitution  of 
eighteen  hundred  and  seventy-five.  The  funds  arising 
from  such  special  school  tax  shall  be  so  apportioned  and 
paid  through  the  proper  school  officials  to  the  several 
schools  in  the  townships  and  districts  in  the  county  that 
the  school  terms  of  the  respective  schools  shall  be  ex- 
tended by  such  supplement  as  nearly  the  same  length  of 
time  as  practicable;  provided,  that  this  section  shall 
not  apply  to  the  cities  of  Decatur,  New  Decatur  and 
Cullman. 

270.  The  provisions  of  this  article  and  of  any  act  of 
the  legislature  passed  in  pursuance  thereof  to  establish, 
organize  and  maintain  a  system  of  public  schools 
throughout  the  State,  shall  apply  to  Mobile  county  only 
so  far  as  to  authorize  and  require  the  authorities  desig- 
nated by  law  to  draw  the  portions  of  the  funds  to  which 
said  county  shall  be  entitled  for  school  purposes  and  to 
make  reports  to  the  superintendent  of  education  as 
may  be  prescribed  by  law;  and  all  special  incomes  and 
powers  of  taxation  as  now  authorized  by  law  for  the 
benefit  of  public  schools  in  said  county  shall  remain  un- 
disturbed until  otherwise  provided  by  the  legislature; 
provided,  that  separate  schools  for  each  race  shall  al- 
ways be  maintained  by  said  school  authorities. 


IMPOETANT  OPINIONS  OF  ATTORNEY 
GENERAL. 


Sept.  7th,  1904. 

A    COPY   BOOK  IS   A   TEXT   BOOK,   AND   THAT 
ADOPTED  MUST  BE  USED  IN  THE  PUB- 
LIC SCHOOLS  WHEN  WRITING 
IS  TAUGHT. 

Hon.  Isaac  W.  Hill, 

Superintendent  of  Education. 
Dear  Sir: 

Your  request  for  an  opinion  as  to  the  proper  construc- 
tion, in  the  particular  hereinafter  indicated,  of  the  re- 
cent act  of  the  legislature,  providing  for  the  creation  of 
a  text  book  commission,  and  to  procure  for  the  use  in 
the  public  free  schools  in  this  State,  a  uniform  series  of 
text  books,  has  been  received. 

The  facts  upon  which  information  is  desired  are  as 
follows : 

Under  this  act  the  text  book  commission  selected 
and  adopted  for  use  in  the  public  schools,  a  copy  book 
published  by  Eaton  &  Company,  and  the  contract  was 
awarded  to  that  firm  to  furnish  these  copy  books  for  use 
in  the  public  schools  of  this  State,  for  a  period  of  five 
years. 

The  text  book  commission,  in  construing  this  act  has 
held  that  it  was  permissible  to  teach  writing  in  the  pub- 
lic schools  of  Alabama,  without  copy  books,  and  in 
some  of  the  public  schools,  writing  has  been  taught  and 
is  being  taught  without  using  the  copy  books,  selected 
and  adopted  by  the  text  book  commission.  The  ques- 
tion for  consideration  is,  can  it  be  left  to  the  discretion 
of  school  boards,  or  teachers,  to  decline  to  use  any  text 
book  selected  and  adopted  by  the  text  book  commis- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  173 

sion,  and  teach  such  branch  of  study  by  some  other 
method,  and  without  the  use  of  such  text  books  so  se- 
lected and  adopted. 

It  is  declared  in  sections  1,  16  and  17  of  the  act :  "that 
the  governor,  State  superintendent  of  education,  and 
three  eminent  teachers  of  the  State  *  ♦  *  shall  be 
and  are  hereby  constituted  the  school  book  commission 
of  the  State  of  Alabama,  whose  duty  it  is  to  select  and 
adopt  a  uniform  series  or  system  of  text  books  for  use 
in  the  public  schools  of  this  State.  Said  commission  is 
hereby  authorized,  empowered  and  directed  to  select 
and  adopt  a  uniform  system  or  series  of  text  books  for 
use  in  the  public  schools  in  this  State,  as  above  indi- 
cated, and  when  so  selected  and  adopted,  the  said  text 
books  shall  be  used  for  a  period  of  five  years  in  all  the 
public  schools  of  this  State,  and  it  shall  not  be  lawful 
for  any  officer,  director  or  teacher,  to  use  any  other 
books  upon  the  same  branches  other  than  those  adopted 
by  said  State  text  book  commission.  Said  uniform 
series  shall  include  the  following  branches  of  study,  to- 
wit : 

"Orthography,  reading,  writing^  arithmetic,  geogra- 
phy,'' etc.  "That  any  person  or  teacher  violating  the 
provisions  of  this  act,  shall  become  guilty  of  a  misde- 
meanor, and  upon  conviction,  be  punished  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  fifty  dollars." 

"That  any  teacher  who  shall  use  or  permit  to  be  used 
in  his  or  her  school,  any  text  book  upon  the  branches 
embraced  in  this  act,  where  the  commission  has  adopted 
a  book  on  that  branch  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction, 
punished  as  provided  for  in  Section  16  of  this  act." 

It  will  be  observed  that  Section  1  of  the  act  specifi- 
cally provides — 

First — For  the  appointment  of  a  text  book  commis- 
sion. 

Second — It  is  made  the  duty  of  said  text  book  com- 
mission to  "select  and  adopt  a  unifom  series  or  svstem 


174  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

of  text  books  for  use  in  the  public  schools  of  Alabama.'^ 

Third — The  State  commission  is  authorized,  empow- 
ered and  directed  to  select  and  adopt  a  uniform  system 
or  series  of  text  books  for  use  in  the  public  schools  of 
this  State. 

Fourth — When  said  text  books  are  so  selected  and 
adopted  they  ^^ shall  he  used  for  a  period  of  five  years  in 
all  of  the  public  schools  of  this  State." 

Fifth — It  is  further  provided  that  it  shall  not  be  law- 
ful for  any  school  officer,  director  or  teacher  to  use  any 
other  books  upon  the  same  branches  other  than  those 
adopted  by  the  State  text  book  commission. 

Sixth — Said  uniform  series  shall  include  the  follow- 
ing branches  of  study  to- wit:  "Orthography,  reading, 
writing,  arithmetic,  geography,"  etc. 

It  is  clearly  the  legislative  intent  that  the  system  of 
teaching  these  several  branches  shall  be  uniform  in  all 
the  public  schools  in  this  State,  and  to  that  end,  it  is 
made  mandatory  that  the  text  books  selected  and 
adopted  by  the  text  book  commission,  shall  be  used 
for  a  period  of  five  years,  in  the  public  schools,  to  the 
exclusion  of  all  other  books  upon  the  same  branches. 

It  is  also  clearly  the  legislative  intent  that  the  books 
adopted  should  be  used  in  said  public  schools  in  order 
to  secure  said  text  books  at  a  cheaper  price  than  here- 
tofore prevailed,  and  the  mandatory  requirement  that 
these  books,  when  selected  and  adopted,  shall  be  used 
for  a  period  of  five  years,  was  supposed  to  be  an  induce- 
ment to  the  various  publishers  to  bid  for  the  books  at 
a  lower  cost  than  they  could  be  bought  at  retail.  If  it 
were  held  that  a  teacher  could  refuse  to  teach  arithme- 
tic, or  for  that  matter,  any  other  texf  book  selected  and 
adopted,  and  teach  that  particular  branch  of  study  by 
a  process  of  his  own,  independent  of  any  books,  this 
construction  would  emasculate  the  law,  and  leave  it  to 
the  discretion  of  each  school  board,  or  teacher,  to  deter- 
mine whether  or  not  he  could  teach  arithmetic  "out  of 
his  head,"  by  a  higher  or  better  process  than  by  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  175 

books  selected  and  adopted  by  the  text  book  commis- 
sion, and  thereby  destroy  the  uniformity  in  teaching 
this  branch.  This  intent  is  made  still  more  specific  and 
clear  by  Section  16  of  this  act,  which  provides  that  any 
person  or  teacher  violating  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  as  a  further  guar- 
antee  that  the  text  books  adopted  and  selected  by  the 
commission,  shall  be  used  in  the  public  schools  of  thi» 
State,  Section  17  of  this  act  makes  it  a  misdemeanor  for 
any  teacher  to  use  or  permit  to  be  used  in  his  or  her 
school,  any  text  book  upon  the  branches  embraced  in 
this  act,  other  than  those  adopted. 

The  legislature  has  unlimited  and  exclusive  power  to 
select  the  text  books  to  be  used  in  the  public  schools, 
and  to  compel  the  use  of  the  books  selected.  In  the  ex- 
ercise of  this  power  by  the  enactment  before  referred  to, 
our  court  declares,  in  the  case  of  Dickinson  v.  Cunning- 
ham :  ^^T wo  fhings  are  very  clear  to  our  minds ;  one, 
that  the  legislature  meant  to  provide  an  exclusive  privi- 
lege in  order  to  secure  books  at  the  best  price ;  the  other, 
the  legislature  meant  to  prevent  the  possibility  of  any 
break  in  the  uniformity  of  the  system  framed  by  the 
statute." 

The  question  arises,  therefore,  as  to  whether  or  not 
the  copy  book,  selected  and  adopted  by  the  text  book 
commission  for  the  uniform  system  or  series  of  writing 
to  be  taught  in  the  public  schools  of  this  State,  is  a  text 
book.  Of  this  there  is  no  doubt.  Webster  defines  a  text 
book  to  be  any  manual  of  instruction;  an  educational 
treatise;  a  school  book.  The  Century  Dictionary  defines 
it  to  be  a  book  used  by  students,  as  a  standard  work  for 
a  particular  branch  of  study;  a  manual  of  instruction. 
It  is  also  there  defined  to  be  a  book  containing  a  "Text 
or  Texts,"  and  one  of  the  definitions  there  given  of  the 
text,  is  "formal  handwriting."  The  legal  definition  of 
a  book  is  much  more  comprehensive,  and  greater  than 
the  popular  idea  of  a  book.  A  single  sheet  of  music  has 
been  held  to  be  a  book  within  the  purview  of  the  law. — 
(A.  &  E.  Enc.  of  Law,  2d.  ed..  Vol.  4,  pp.  703-704.) 


X76  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

The  Supreme  Court  of  Illinois  in  an  able  opinion 
(The  People  ex  rel.  v.  Board  of  Education,  175  111.  9), 
held  that  a  copy  book  was  a  text  book  within  the  mean^ 
ing  of  the  law  of  that  State,  which  is  very  similar  to  the 
law  of  Alabama  upon  this  subject.  It  is  my  opinion, 
therefore,  that  the  copy  book  of  Eaton  &  Co.,  selected 
and  adopted  by  the  text  book  commission,  must  be  used 
and  taught,  in  all  the  public  schools  of  this  State,  where- 
ever  writing  is  taught,  and  that  it  does  not  lie  in  the 
discretion  of  any  school  board  or  teacher  to  provide  for 
a  different  method  of  teaching  writing,  or  to  decline  the 
use  of  these  copy  books  in  teaching  that  branch.  The 
contrary  view  would  make  possible  a  "break  in  the  uni- 
formity of  the  system,"  which  our  Supreme  Court  says 
the  legislature  meant  to  prevent. 

Respectfully  yours, 

Massby  Wilson^ 
Attorney  General. 


Hon.  Isaac  W.  Hill^ 

SuperinteMent  of  Education. 
Dear  Sir: 

I  have  your  favor  of  the  22d  inst.,  requesting  my  opin- 
ion on  the  questions  below  quoted : 

"First — Can  any  of  the  books  that  have  been  adopted 
by  the  State  text  book  commission  for  the  use  of  the 
public  schools  of  the  State,  be  purchased  from  any  per- 
son or  dealer  other  than  the  publisher  having  the  con- 
tract with  the  State  to  furnish  such  books,  or  his  duly 
constituted  and  appointed  depositories,  or  regularly  and 
duly  constituted  agents  throughout  the  counties  of  Ala- 
bama, and  be  used  by  a  pupil  or  teacher  in  the  public 
schools  of  Alabama? 

"Second — If  any  of  the  books  that  have  been  adopted 
by  the  State  text  book  commission  for  use  in  the  pub- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  177 

lie  schools  of  the  State,  having  printed  or  stamped  upon 
them  the  statements  of  the  price  and  that  they  are  sup- 
plied under  the  contract  with  the  State,  are  sold  by  a 
dealer  other  than  a  duly  appointed  agent,  or  through 
channels  other  than  those  provided  by  law  and  under 
contract,  and  as  a  matter  of  fact  they  are  not  furnished 
by  the  publisher  or  supplied  to  said  dealer  or  person 
offering  them  for  sale  through  the  agencies  adopted,  is 
the  dealer  or  said  person  so  selling  such  book,  guilty  of 
a  violation  of  the  statute,  in  such  sort  as  to  make  him 
subject  to  conviction  for  a  misdemeanor  under  said 
statute?" 

(1)  The  Supreme  Court  of  Alabama  has  answered 
the  first  question  in  the  negative.  It  is  decided  in  the 
case  of  Dickinson  v.  Cunningham  that  if  a  book  adopt- 
ed by  the  State  text  book  commission  was  purchased 
from  a  person  or  dealer  other  than  the  contractor  and 
was  not  supplied  through  a  depository  or  agency,  such 
book  could  not  be  taught  in  the  public  schools.  It  fol- 
lows that  it  would  be  a  misdemeanor  to  u«e  a  book  so  ob- 
tained in  the  public  schools  of  this  State. 

(2)  Under  the  text  book  statute,  and  the  contracts 
made  with  the  publishers  pursuant  to  it,  the  successful 
bidders  for  the  privilege  of  supplying  books  for  the  pub- 
lic schools  have  the  exclusive  right  to  supply  such  books 
for  that  purpose. —  (Dickinson  v.  Cunningham,  supra.; 
Clark  V.  Ha  worth,  7  L.  R.  A.,  240).  While  this  exclu- 
sive privilege  may  result  in  benefit  to  the  contractor,  it 
is  supposed  to  be  of  corresponding  benefit  to  the  public 
by  enabling  the  patrons  of  the  public  schools  to  get  bet- 
ter and  cheaper  books.  The  contractors  are  under  bond 
in  a  large  penalty  to  execute  the  contracts  on  their  part. 
Books  furnished  under  these  contracts  are  required  to 
come  up  to  the  standard  of  quality  and  excellence  of  the 
samples  furnished  with  the  bids  and  preserved  by  the 
secretary  of  State.  To  make  it  easier  to  fix  liability  on 
the  contractors  for  a  violation  of  the  statute,  or  of 
their  contracts,  and  a  safe- guard  against  the  introduc- 

12  SL 


178  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

tioD  into  the  schools  of  books  other  than  those  adopted^ 
it  is  required  that  such  contractors  shall  cause  to  be 
printed  upon  every  book  furnished  under  their  contracts 
the  contract  price,  the  exchange  price,  and  the  fact  that 
the  price  is  fixed  by  State  contract,  and  a  request  that 
deviations  therefrom  shall  be  reported  to  the  school 
authorities.  If  a  dealer  who  is  not  a  contractor,  or  a 
designated  depository,  or  a  duly  constituted  agency,  as 
provided  for  in  the  statute,  should  procure  books  from 
some  source  other  than  the  regular  channels  provided  in 
the  law,  and  himself  cause  to  be  printed  upon  such 
books  the  matter  required  to  be  printed  upon  such  books 
sold  under  contract,  and  sell  such  books  as  if  the  same 
were  sold  pursuant  to  the  text  book  law,  I  think  such 
conduct  would  be  a  violation  of  the  provisions  of  this 
act.  Section  16  of  the  act  declares  that  any  person  vio- 
lating its  provisions  shall  be  guilty  of  a  misdemeanor. 
I  think,  however,  that  books  which  have  been  sold  or 
supplied  by  a  contractor  with  the  State,  or  through  his 
depository  or  agency,  which  come  up  to  the  tests  of 
the  text  book  law,  may  be  sold  within  the  State  by  any 
person  or  dealer  who  may  have  become  the  owner  of 
such  books,  without  being  subject  to  criminal  liability. 
Neither  do  I  mean  to  say  that  the  mere  sale  of  the 
adopted  books  by  any  dealer  would  be  a  violation  of  the 
law,  although  such  books,  unless  supplied  under  the 
contracts  with  the  State,  could  not  be  used  in  the  public 
schools.  It  is  the  printing  upon  adopted  books  by  per- 
sons who  are  not  contractors,  the  matter  required  to  be 
printed  upon  them  by  the  contractors,  and  the  selling 
of  such  books  under  and  in  compliance  with  the  stat- 
ute by  persons  who  are  not  contractors  (privileges  giv- 
en exclusively  to  the  contractors)  which  I  think  a  viola- 
tion of  the  law. 

Very  respectfully, 

Massey  Wilson^ 
Attorney  General. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.        I79 

February  Tth,  1907. 
Hon.  Haery  C.  Gunnels, 

Superintendent  of  Education , 

Capitol. 
Dear  Sir: 

In  reply  to  your  favor  of  the  Tth  inst.,  I  have  to  say 
that  public  school  money  in  the  hands  of  a  county 
superintendent,  for  disbursement  to  teachers,  is  not  sub- 
ject to  garnishment  at  the  suit  of  a  creditor  of  a  teacher 
to  whom  such  money  is  due  or  to  become  due. — Pruitt 
V.  Armstrong,  56  Ala.  306. 

Kespectfully  submitted, 

Alex.  M.  Gaeber^ 
Attorney  General. 


April  20th,  1907. 
Hon.  Harry  C.  Gunnels, 

Superintendent  of  Education. 

Capitol. 
Dear  Sir: 

Many  pressing  matters  and  an  unusual  volume  of 
work  in  this  office  have  rendered  the  delay  unavoidable 
in  responding  to  your  request,  contained  in  your  letter 
of  March  26th,  to  advise  you  concerning  certain  provis- 
ions of  the  "Rural  School  House  Act,"  approved  March 
2nd,  1907.  I  proceed  herewith  to  render  an  opinion 
upon  each  inquiry: 

1st.  The  title  of  this  act  is  as  follows:  "To  appro- 
priate annually  |67,000.00  or  so  much  thereof,  as  is  nec- 
essary to  aid  rural  school  districts  in  this  State  to  erect 
or  to  repair  public  school  houses."  Its  purpose  is  clear- 
ly expressed  in  the  above  title  and  its  character  is  dis- 
tinctly remedial.  There  is  nothing  in  the  body  of  the 
act  as  to  when  it  shall  become  operative.  It  cannot  be 
contended  that  in  the  absence  of  a  specific  direction  on 
this  point  there  existed  any  legislative  intent  to  post- 


180  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

pone  the  operation  of  this  act  to  a  future  date.  It  is 
well  settled  that  unless  a  different  time  is  specified, 
statutes  take  effect  and  become  operative  from  the  day 
of  the  approval  by  the  governor. — Phoenix  Carpet  Com- 
pany V.  State,  118  Ala.  143;  Taylor  v.  Hand,  31  Ala. 
383;  Bank  of  Mobile  v.  Murphy,  8  Ala.  119.  Therefore, 
it  is  manifest  that  this  act  became  operative  on  March 
2nd,  1907,  the  date  of  its  approval  by  the  governor,  and 
T  so  advise  you. 

2nd.  It  is  clearly  the  purpose  of  this  act  to  render 
aid  only  to  rural  school  districts  in  the  erection  and 
repairing  of  public  school  houses  and  the  provisions  of 
Section  2  expressly  exclude  any  school  district  a  part  of 
which  lies  in  an  incorporated  city,  town  or  village.  The 
Avord  "incorporated"  must  be  held  to  qualify  and  de- 
scribe each  of  the  three  words  "city,"  "town"  and  "vil- 
lage." 

3rd.  Whenever  the  erection  of  a  rural  school  build- 
ing has  been  begun  and  has  not  been  completed  before 
the  passage  of  this  act,  I  think  such  school  house  should 
receive  the  benefits  of  this  act  and  you  would  be  author- 
ized to  so  hold,  provided  the  county  board  of  educa- 
tion, upon  application  by  the  district  trustees  to  the 
county  superintendent  of  education  and  its  submission 
to  said  board,  approves  such  application  for  aid,  after 
having  ascertained  that  all  the  conditions  of  Section  2 
of  said  act  have  been  complied  with ;  and  if  the  plans  of 
said  building,  under  course  of  construction,  are  endors- 
ed by  you. 

4th.  The  following  provision  is  found  in  the  last 
lines  of  Section  3  of  this  act:  "No  money  shall  be  ap- 
propriated for  the  erection  of  a  new  school  building  on 
a  plat  of  ground  of  less  dimensions  than  two  acres." 
The  meaning  of  the  language  employed  here  is  too  ob- 
vious to  admit  of  any  doubt.  The  restriction  upon  the 
erection  of  a  new  school  building  on  a  plat  of  less  than 
two  acres  is  plain,  and  it  is  equally  apparent  that  this 
restriction  does  not  apply  to  the  school  houses  already 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  Igj 

erected  on  a  plat  of  less  than  two  acres.  Repairs  on 
such  a  school  lot,  of  less  than  two  acres,  therefore,  may 
receive  the  aid  of  the  funds  appropriated  under  this 
act, 

5th.  Construing  this  act  as  a  whole,  it  is  my  opinion 
that  it  appropriates  |67,000.00  annually  for  the  pur- 
poses named  in  the  act.  From  Section  1  it  would  ap- 
pear that  167,000.00  or  only  so  much  thereof  as  is  nec- 
essary is  appropriated,  but  when  construed  in  connec- 
tion with  the  following  provision  in  Section  5 :  "Pro- 
vided further  that  if  at  the  end  of  any  year  the  whole 
appropriation  for  that  year  has  not  been  exhausted,  the 
State  auditor  and  the  State  treasurer  shall  carry  the 
unexpended  balance  forward  and  this  balance  shall  be 
available  in  addition  to  the  regular  appropriation  for 
the  current  year,"  it  is  clear  that  it  was  the  manifest 
intention  of  the  Legislature  to  appropriate  and  set  aside 
167,000.00  each  year  to  aid  rural  school  districts  and 
such  evident  intention  of  the  legislature  must  control. 
— Brooks  V.  School  Commissioners,  31  Ala.  227 ;  Sale  v. 
State,  68  Ala.  530;  26  Am.  &  Eng.  Ency.  of  Law,  (2d 
ed.)  p.  66;  Lehman-Durr  &  Co.  v.  Robinson,  59  Ala. 
219. 

You  will  observe  that  Section  1  provides  that  not  more 
than  |1,000.00  of  the  annual  appropriation  shall  be 
used  in  any  one  county  in  a  separate  fiscal  year,  but 
this  provision  cannot  be  held  to  apply  to  the  unexpend- 
ed balance  mentioned  in  Section  5,  which  is  made  avail- 
able in  addition  to  the  regular  appropriation  for  the 
current  year. 

6th.  Where  this  appropriation  is  used  for  merely  re- 
pairing a  rural  school  house,  the  act  does  not  require 
the  plans  of  such  school  house  to  be  endorsed  by  the 
State  superintendent  of  education. 

7th.  The  deed  provided  for  in  Section  4  of  this  act 
should  be  made  to  "The  State  of  Alabama  for  the  bene- 
fit  of district  of county,"   and   should 

convey  a  fee  simple  title.     Therefore,  I  advise  you  to 


182  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

instruct  your  county  superintendents  of  education  to 
accept  only  deeds  which  pass  an  absolute  and  uncon- 
ditional title  to  the  State  of  Alabama.  I  advise  also 
that  you  require  these  deeds  to  be  sent  to  your  office  for 
inspection  before  requesting  the  State  auditor  to  draw 
his  warrants  as  provided  in  the  act.  They  should  also 
be  filed  in  your  office  permanently  for  safe  keeping. 
I  remain,  Yours  very  truly, 

Alex.  M.  Garber, 
Attorney  General. 


May  16th,  1907. 
Hon.  Harry  C.  Gunnels, 

Superintendent  of  Education. 

Capitol. 
Dear  Sir: 

Some  time  ago  you  submitted  to  me  by  letter  a  ques- 
tion involving  this  inquiry: 

"Is  a  citizen,  who  is  not  a  qualified  elector  in  Russell 
county,  State  of  Alabama,  eligible  to  hold  an  elective 
office  in  said  county,  to-wit,  the  office  of  county  super- 
intendent of  education?" 

In  reply  I  beg  to  submit  the  following: 

Neither  the  constitution  nor  the  statutes  of  Alabama 
prescribe  the  qualifications  required  of  a  person  to  ren- 
der him  competent  to  hold  this  office.  Section  3550  of 
the  code  of  1896  reads  as  follows:  "Unless  by  special 
act  it  is  otherwise  provided,  a  county  superintendent 
for  each  county  is  elected  at  each  general  election  as 
provided  in  this  code."  See  also  an  act  "To  provide  for 
the  election  of  county  superintendents  of  education," 
approved  Feb.  13th,  1889,  p.  396  of  the  acts  of  1888-89. 

Upon  investigation  I  find  that  it  has  been  held  in  sev- 
eral States  in  cases  of  this  character,  that  none  but 
qualified  electors  can  hold  an  elective  office  unless  other- 
wise specially  provided.    The  leading  Alabama  case  on 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  133 

this  subject  is  that  of  Scott  v.  Strobach,  49  Ala.  p.  477. 
Justice  Brickell,  speaking  for  the  court  in  this  case, 
asserts  the  following  principle:  "It  would  be  at  war 
with  the  spirit  and  theory  of  our  institutions,  to  recog- 
nize as  eligible  to  any  public  office  one  who  is  not  a  qual- 
ified voter.  The  right  of  suffrage  and  the  capacity  to 
hold  office,  unless  otherwise  expressly  declared,  must 
co-exist." 

In  the  case  of  the  State  of  Iowa  v.  Geo.  Van  Beek,  19 
L.  R.  A.  622,  the  Supreme  Court  of  Iowa  on  appeal  in 
an  action  brought  to  determine  the  right  to  the  office  of 
sheriff  delivered  the  following:  "Our  first  inquiry  is 
whether  an  alien  can  hold  the  office  of  sheriff  under  the 
laws  of  Iowa.  There  is  no  provision  in  our  constitution 
or  statutes  upon  that  subject,  yet  it  is  certainly  a  fun- 
damental principle  of  our  government  that  none  but 
qualified  electors  can  hold  an  elective  office  unless  other- 
wise specially  provided  *  *  *.  We  are  of  the  opinion 
that  appellee  Van  Beek  was  ineligible  to  hold  the  office 
of  sheriff  prior  to  his  naturalization." 

A  like  principle  is  laid  down  in  the  case  of  the  State 
V.  Smith,  14  Wis.  497. 

In  the  later  case  of  the  State  v.  Murray,  28  Wis.  96, 
the  Supreme  Court  of  that  State  in  referring  again  to 
this  question,  through  Justice  Lyons,  who  delivers  the 
opinion  of  the  court,  says : 

"There  is  no  constitutional  or  statutory  provision, 
and  but  one  judicial  decision  in  this  State,  which  affects 
this  question.  In  the  State  ex  rel.  Off  v.  Smith,  14  Wis. 
497,  this  court  decided  that  a  person  cannot  lawfully 
hold  such  an  office  unless  he  is  a  qualified  elector  of  the 
State.  The  grounds  of  that  decision  are  stated  in  the 
opinion  by  Dixon,  C.  J.,  to  be,  that  as  to  all  independent 
popular  governments  "it  is  an  acknowledged  principle, 
which  lies  at  the  very  foundation,  and  the  enforcement 
of  which  needs  neither  the  aid  of  statutory  or  constitu- 
tional enactments  or  restriction,  that  the  government  is 
instituted  by  the  citizens  for  their  liberty  and  protec- 


184  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

lion,  and  that  it  is  to  be  administered,  and  its  powers 
and  functions  exercised  by  them  and  through  their 
agency."  In  that  case  the  defendant  was  an  alien,  and 
had  entered  upon  the  discharge  of  the  duties  of  the  of- 
fice of  sheriff,  to  w^hich  he  has  been  elected,  without  hav- 
ing become  an  elector  by  declaring  his  intention  to  be- 
come a  citizen ;  indeed  he  had  not  done  so  when  the  ac- 
tion was  commenced.  Under  this  state  of  facts  this 
court  held  that  he  could  not  lawfully  hold  the  office, 
but  did  not  decide,  either  expressly  or  by  necessary  im- 
plication, that  he  could  have  held  it  had  the  disqualifica- 
tion been  removed  intermediate  the  election  and  the 
commencement  of  the  term.  It  is  true  that  it  is  said  in 
the  opinion  that  the  defendant  ^vas  ineligible;  but  it  is 
not  said  that  he  was  ineligible  to  be  elected  to  such  of- 
fice, and  the  obvious  meaning  is  that  he  w^as  ineligible  to 
hold  the  office.  The  term  "ineligible''  means  as  well  dis- 
qualification to  hold  an  office,  as  diqualification  to  be 
elected  to  an  office." 

The  same  doctrine  is  reaffirmed  and  adhered  to  in  a 
still  later  Wis.  Case.  Justice  Lyons  delivering  the  opin- 
ion of  the  court  in  the  case  of  the  State  v.  Trumpf,  50 
Wis.  p.  103,  holds  as  follows: 

'^Only  two  cases  have  been  adjudicated  by  this  court 
which  have  any  direct  bearing  upon  the  questions  to  be 
determined  on  this  appeal.  These  are  State  ex  rel.  Off. 
V.  Smith,  14  Wis.  497,  and  State  ex  rel.  Schuet  v.  Mur- 
ray, 28  Wis.  96.  In  the  first  of  these  cases  it  was  held 
to  be  fundamental  principle  of  our  government  that  a 
person  not  an  elector  of  the  State  is  ineligible  to  hold  a 
public  office  therein,  although  our  constitution  and  stat- 
utes do  not  expressly  so  ordain.  In  the  latter  case  it 
was  held  that,  in  the  absence  of  any  constitutional  or 
statutory  provision  on  the  subject,  such  ineligibility 
goes  only  to  the  holding  of  the  office,  and  hence  that,  if 
an  alien  who  is  not  an  elector  receives  a  plurality  of 
votes  for  an  office,  he  may  lawfully  hold  and  exercise  the 
same,  if,  by  naturalization  or  declaration,  his  disability 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  185 

is  removed  before  the  commencement  of  the  term  of  of- 
fice to  which  he  has  been  elected." 

In  a  treatise  on  the  law  of  Public  Officers,  Mechem 
lays  down  the  following  general  rule: 

"Where  no  limitations  are  prescribed,  however,  the 
right  to  hold  a  public  office  under  our  political  system 
is  an  implied  attribute  of  citizenship,  and  is  presumed 
to  be  co-extensive  with  that  of  voting  at  an  election 
held  for  the  purpose  of  choosing  an  incumbent  for  that 
office;  those  and  those  only  who  are  competent  to  select 
the  officer  being  deemed  competent  also  to  hold  the  of- 
fice." 

Under  the  influence  of  the  authorities  cited  above,  I 
can  reach  no  other  conclusion  than  that  the  right  to 
hold  a  public  office  which  is  elective,  should  be  limited 
to  those  citizens  who  are  qualified  electors  of  the  State 
or  county  over  which  the  jurisdiction  of  such  office  ex- 
tends. The  courts  have  evidently  been  governed  to  some 
extent  by  considerations  of  public  policy  (and  I  think 
very  properly  so )  in  deciding  cases  of  this  character  and 
the  doctrine  that  the  right  of  suffrage  and  the  capacity 
to  hold  office  must  co-exist,  appeals  to  me  as  a  sound 
and  conservative  principle  of  law.  Therefore,  it  is  my 
opinion  that  a  citizen  who  is  not  a  qualified  elector  of 
Russell  county  is  ineligible  to  fill  an  elective  office  of 
said  county. 

I  remain.  Very  respectfully, 

Alex.  M.  Garbee, 
Attorney  General. 


Hon.  Harry  C.  Gunnels, 

Superintendent  of  Education. 

Capitol. 
Dear  Sir : 

On  the  5th  instant,  you  addressed  a  communication 
to  me  with  which  you  enclosed  a  letter  from  Mr.  Arthur 
F.  Harman,  superintendent  of  the  New  Decatur  Public 


18g  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

Schools,  New  Decatur,  Alabama,  in  which  Mr.  Harman 
desires  to  be  advised  by  you  whether  the  school  funds 
for  New  Decatur  for  the  year  1907-8  will  be  paid  to  him 
by  the  county  superintendent  of  Morgan  county  or  paid 
over  by  you  direct  to  Mr.  Harman  under  Section  176 
of  the  act  of  August  13th,  1907,  known  as  the  Municipal 
Code. 

The  title  of  the  act  referred  to  is  as  follows: 

"An  act  to  provide  for  the  organization,  incorpora- 
tion, government  and  regulation  of  cities  and  towns  and 
to  define  the  rights,  powers,  duties,  jurisdiction  and 
authority  of  such  cities  and  towns  and  the  officers  there- 
of, and  to  prescribe  penalties  for  violations  of  the  pro- 
visions of  this  act.'' 

Section  176  of  the  act  is  as  follows: 

"Each  incorporated  city  or  town,  as  a  special  school 
district  or  embraced  therein  shall  receive  its  proportion- 
ate share  of  the  public  school  revenue  to  be  paid  over 
by  the  State  superintendent  of  education  direct  to  the 
city  superintendent  of  schools  and  by  him  paid  over  to 
the  treasurer" 

After  a  very  careful  consideration  of  the  question,  I 
am  of  opinion  that  the  provision  contained  in  section  176 
directing  the  State  superintendent  of  education  to  pay 
over  to  the  city  superintendent  of  schools  of  each  incor- 
porated city  or  town  the  proportionate  share  of  the  pub- 
lic school  revenue  is  not  a  subject  expressed  in,  covered 
or  suggested  by  the  title  of  the  act;  or  necessary  or 
proper  to  the  full  rounding  of  an  enactment  upon  the 
subject  which  is  expressed  in  the  title  and  is,  therefore, 
obnoxious  to  the  requirement  of  section  45  of  the  con- 
stitution that  "each  law  shall  contain  but  one  subject 
which  shall  be  clearly  expressed  in  its  title." 

In  the  case  of  Bell  v.  State,  115  Ala.  87,  the  court  con- 
sidered an  act  "to  establish  a  new  charter  for  the  City 
of  Huntsville"  and  held  that  the  provisions  of  this  act 
forbidding  the  prosecution  on  affidavit  before  a  justice 
of  the  peace  of  a  person  who  had  already  been  arraigned 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  Igy 

before  the  mayor  for  the  same  act  under  the  city  ordi- 
nance, was  violative  of  the  constitutional  provision,  to 
which  I  have-  referred.  In  the  course  of  the  opinion, 
Judge  McClellan,  speaking  for  the  court,  said: 

"The  subject  to  be  contained  in  a  bill  may  be  as  broad 
and  comprehensive  as  the  legislature  may  choose  to 
make  it.  It  may  include  innumerable  minor  subjects, 
provided  all  these  minor  subjects  are  capable  of  being  so 
combined  as  to  form  only  one  grand  and  comprehensive 
subject ;  and  if  the  title  of  the  bill,  containing  this  grand 
and  comprehensive  subject,  is  also  comprehensive 
enough  to  include  all  these  minor  subjects  as  one  sub- 
ject, the  bill  and  all  parts  thereof  will  be  valid  *  *  ♦. 
The  grand  and  comprehensive  subject  expressed  in  the 
title  to  this  act  is  the  charter  of  the  city,  the  creation  of 
corporate  existence  and  the  conferring  of  corporate 
powers.  Such  subject  embraces  all  the  minor  subjects 
incident  to  such  corporate  existence  and  powers;  and 
whatever  is  necessary  to  a  complete  municipal  charter, 
or  is  embraced  in  the  thought  contained  in  the  general 
expression,  is  a  part  of  the  subject  expressed,  and  au- 
thorized by  the  general  expression.  *  *  *  But,  to  take 
uwuy  from  any  tribunal^  even  of  the  most  inferior  char- 
acter, established  hy  general  laws  and  charged  with  their 
administration,  jurisdiction  theretofore  conferred  to  try 
offenses  against  the  criminal  laws  of  the  State,  and  to 
confer  it  exclusively  upon  an  ofiScer  of  a  municipal  cor- 
poration, is  not  to  provide  for  the  exercise  of  any  func- 
tion of  municipal  life  nor  to  confer  any  power  incident 
to  municipal  government  nor  to  follow  any  suggestion 
which  can  be  referred  to  the  expressed  purpose  of  estab- 
lishing a  municipal  charter." 

In  the  ca«e  of  Black  v.  State,  144  Ala.  92,  the  court 
followed  the  case  of  Bell  v.  State,  supra,  and  held  that 
a  like  provision  contained  in  "an  act  to  amend  an  act  to 
incorporate  the  town  of  Geneva,"  was  unconstitutional. 

The  following  cases  support  the  general  principle  laid 
down  by  Judge  McClellan  in  the  Bell  case : 


Igg  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

Ex  rel.  Gayles,  108  Ala.  514 ; 
Bradley  v.  State,  99  Ala.  177 ; 
Glenn  v.  Lynn,  89  Ala.  608; 
Mobile  V.  L.  &  N.,  124  Ala.  132-142. 
The  State  v.  So.  Ry.  Co.,  115  Ala.  250; 
Ballantyne  v.  Wickersham,  75  Ala.  533; 
Ex  rel.  Reynolds,  87  Ala.  138 ; 
White  V.  Boyin,  113  Ala.  170 ; 
Montgomery  v.  State,  88  Ala.  141; 
Sanders  v.  State,  117  Ala.  543; 
Lindsay  v.  U.  S.  Asso.,  120  Ala.  156; 
Covington  v.  Thompson,  142  Ala.  90,  111-112. 

The  title  of  the  act  in  question  may  for  convenience  be 
divided  into  three  divisions: 

(a.)  To  provide  for  the  organization,  incorporation, 
government  and  regulation  of  cities  and  towns; 

(b.)  To  define  rights,  powers,  duties,  jurisdiction 
and  authority  of  such  cities  and  towns  and  of  the  offi- 
cers thereof; 

( c. )  To  prescribe  penalties  for  violations  of  the  pro- 
visions of  this  act. 

Applying  the  principle  of  these  cases  to  the  case  in 
hand,  the  subject  matter  of  section  176  does  not  relate  to 
the  organization,  incorporation,  government  and  regula- 
tion of  cities  and  towns ;  nor  is  it  a  right,  power,  duty  or 
a  feature  of  the  jurisdiction  and  authority  of  cities  and 
towns  and  of  the  officers  thereof,  and  clearly  it  has  no 
relation  to  the  last  division  of  the  title, — prescribing 
penalties  for  violation  of  the  provisions  of  this  act  In 
analyzing  the  question  with  the  title  in  view,  it  is  appar- 
ent that  the  only  phase  of  the  title  which  gives  any  sort 
of  support  to  the  provision  of  section  176  is-that  part  of 
the  title  which  I  have  set  out  in  division  "b,"  viz. :  "To 
define  the  rights,  powers,  duties,  jurisdiction  and  au- 
thority of  such  cities  and  towns  and  of  the  officers  there- 
of." And  so  far  from  being  a  right,  power  or  duty  of  a 
city,  it  imposes  on  the  other  hand  a  duty  upon  the  State 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  Igg 

j<uperintendeiit  of  education,  and  would  change  the  en- 
tire system  of  dealing  with  a  large  portion  of  the  public 
school  revenue, — in  contravention  of  existing  laws  on 
that  subject.  It  also  indirectly  affects  the  compensa- 
tion to  which  the  county  superintendent  of  education  is 
c^ntitled  under  section  3555  of  the  code  by  relieving  him 
of  the  duty  of  disbursing  so  much  of  the  public  school 
revenue  as  would  by  the  proposed  system  be  paid  direct 
to  the  city.  It  does  not  provide  for  the  exercise  of  any 
function  of  municipal  life  nor  does  it  confer  any  power 
incident  to  municipal  government. 

The  purpose  of  section  45  of  the  constitution,  said 
Ohief  Justice  Brickell  in  Lindsay  v.  U.  S.  Association, 
120  Ala.  156,  is  among  other  things,  "to  fairly  apprise 
the  people,  through  such  publication  of  legislative  pro- 
ceedings as  is  usually  made  of  the  subjects  of  legislation 
that  are  being  considered,  in  order  that  they  may  have 
the  opportunity  of  being  heard  thereon  by  petition  or 
otherwise,  if  they  shall  so  desire."  And  further  in  the 
same  case  it  is  held  that  "the  title  must  be  such,  at  least, 
as  fairly  to  support  or  give  a  clue  to  the  subject  dealt 
with  in  the  act  and,  unless  it  comes  up  to  this  standard, 
it  falls  below  the  constitutional  requirement." 

The  subject  matter  of  this  section  (176)  would  never 
be  suggested  to  the  legislative  mind  from  reading  or 
hearing  read  the  caption  of  this  bill;  nor  is  it  reasonable 
to  say  that  the  general  public  was  fairly  apprised,  from 
the  title  of  the  act,  under  the  principles  above  quoted, 
that  a  provision  was  contained  therein  which  directly 
affected  and  changed  the  duty  heretofore  imposed  by 
law  upon  the  State  superintendent  of  education,  as  well 
as  the  duties  and  emoluments  of  the  county  superin- 
tendent of  education,  in  sixty-seven  counties. 

It  follows,  therefore,  that  section  176  of  the  act  under 
-consideration  falls  to  the  ground,  and  there  is  no  au- 
thority for  you  to  pay  to  the  superintendent  of  public 
schools  of  New  Decatur  the  school  funds  of  that  citv. 


190        PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

In  order  that  no  misunderstanding  may  result,  I  beg 
to  say  that  the  remaining  portions  of  the  municipal  code 
are  unaffected  by  this  ruling;  for  it  is  well  settled  that 
where  an  act  is  "complete  within  itself,  sensible,  capa- 
ble of  being  executed  and  wholly  independent  of  that 
which  is  rejected,  the  enactment  will  be  upheld  and  en- 
forced as  to  that  which  is  valid." 
Harper  v.  State,  109  Ala.  28. 
I  beg  to  remain, 

Very  respectfully, 

Alex.  M.  Garbee^ 
Attorney  General. 


October  18th,  1907. 
Hon.  H.  Y.  Brooke, 

Assistant  Examiner  of  Public  Accounts. 

Capitol. 
Dear  Sir: 

On  the  26th  ultimo  you  requested  me  to  advise  you  on 
the  following  questions: 

First.  Can  a  sheriff  use  a  prisoner  as  a  trusty,  the 
prisoner  doing  such  services  as  cleaning  the  court  house 
and  jail,  carrying  food  to  prisoners,  running  errands 
and  performing  such  other  duties  as  the  sheriff  may 
direct  about  the  house,  etc.,  and  charge  the  State  with 
the  feed  bill  for  such  prisoner. 

Second.  Have  the  superintendents  of  education  and 
the  school  boards  of  the  county  the  right  to  apportion 
the  school  money  in  the  district  so  as  to  give  white  chil- 
dren in  one  school  district  thirty  cents  per  capita,  and 
those  in  other  school  districts,  three  dollars  per  capita. 

Answering  your  questions  in  the  order  stated,  I  beg 
to  say  that  the  sheriff  is  entitled  to  a  fixed  amount  for 
feeding  each  prisoner  in  jail  under  charge  or  conviction, 
and  there  is  no  provision  in  the  statute  (Code  section 
4565)  depriving  the  sheriff  of  his  compensation  where 


PUBLIC  SCHOOL  LAWS  OP  ALABAMA.  191 

he  uses  the  prisoner  as  mentioned  in  your  question.  Un- 
less the  legislature  so  declares  there  is  no  power  or 
authority  for  such  deduction. 

Section  256  of  the  constitution  directs  that  "the  pub- 
lic school  funds  shall  be  apportioned  to  the  several 
counties  in  proportion  to  the  number  of  school  children 
of  school  age  therein,  and  shall  be  so  apportioned  to  the 
schools  in  the  districts  or  townships  in  the  counties  as 
to  provide,  as  nearly  as  practicable,  school  terms  of 
equal  duration  in  such  school  districts  or  townships.'^ 
As  you  will  observe  the  funds  are  apportioned  to  the 
counties  on  a  per  capita  basis,  and  the  local  school 
boards  of  the  counties  apportion  the  funds,  not  on  a  per 
capita  basis,  but  in  such  manner  as  to  provide,  as  nearly 
as  practicable^  school  terms  of  equal  duration  in  the 
several  districts  or  townships  in  the  county. — A  large 
discretion  is  thus  reposed  in  the  county  boards,  and  the 
presumption  will  be  indulged  that  the  apportionment 
as  made  was  necessary  to  carry  out  the  constitutional 
requirement. 

As  the  second  question  above  deals  with  a  question 
relating  to  the  public  schools,  I  am  forwarding  a  copy 
of  this  letter  to  the  superintendent  of  education. 

Yours  very  truly,  ? 

Alex.  M.  Garber^ 
Attorney  General. 


Montgomery,  April  2nd,  1908. 
Hon.  Harry  C.  Gunnels, 

Superintendent  of  Education. 

Montgomery y  Alabama. 
Dear  Sir: 

According  to  information  received  from  your  depart- 
ment, there  are  about  11,000  district  school  trustees  in 
the  State  of  Alabama.  I  am  receiving  every  day  let- 
ters from  many  of  these  district  trustees  from  all  parts 


192  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

of  the  state,  seeking  information  on  the  question  of 
their  exemption  from  the  payment  of  poll  tax  and  their 
right  to  vote  in  the  May  primary.  This  situation,  which 
indicates  a  condition  of  uncertainty  in  the  minds  of  the 
people  on  this  subject,  has  induced  me  to  sen.d  you  this 
official  communication  in  order  that  you  jnay  send  out 
from  your  department  the  advices  contained  herein. 

Section  3575  of  the  Civil  Code  of  1896  is  as  follows: 

"Township  trustees  are  exempt  from  road  duty,  jury 
duty  and  poll  tax,  so  long  as  they  shall  continue  in  of- 
fice and  perform  the  duties  thereof;  and  the  certificate 
of  the  county  superintendent  of  education  shall  be  evi- 
dence of  the  fact." 

The  constitution  of  Alabama  of  1901  provides  that 
"To  entitle  a  person  to  vote  at  any  election  by  the  peo- 
ple, he  shall  have  *  *  *  paid  on  or  before  the  first 
day  of  February  next  preceding  the  date  of  the  election 
at  which  he  offers  to  vote  all  poll  taxes  due  from  him  for 
the  year  1901,  and  for  each  subsequent  year."  (Consti- 
tution, Section  178. )  It  further  declares  that  "the  poll 
tax  mentioned  in  this  Article  shall  be  one  dollar  and 
fifty  cents  upon  each  male  inhabitant  of  the  State,  over 
the  age  of  21  years,  and  under  the  age  of  45  years,  who 
would  not  now  be  exempt  by  law."  (Constitution,  Sec- 
tion 184.) 

The  present  Constitution  of  Alabama  was  ratified  on 
November  28th,  1901.  On  that  date,  and  for  many  years 
prior  thereto,  the  statute  (Code  Section  3575)  w^as  in 
force  which  exempted  Township  Trustees  from  the  pay- 
ment of  poll  tax,  subject  to  the  conditions  prescribed  in 
said  section  of  the  Code.  Township  Trustees  being  thus 
exempt  from  the  payment  of  poll  tax  at  the  date  of  the 
ratification  of  the  Constitution,  they  were  not  required 
to  pay  the  poll  tax  in  order  to  qualify  as  an  elector. 

The  Redistricting  Act  of  September  30th,  1903,  abol- 
ished the  Township  lines  for  school  purposes  and  re- 
tained Township  Trustees  under  the  provisions  of  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  J  93 

then  existing  law  only  for  the  purpose  of  selling  and 
leasing  the  Sixteenth  Section  School  lands.  The  said 
Act  also  created  a  local  board  of  three  District  Trustees 
for  each  District  to  be  elected  by  the  qualified  electors 
thereof,  and  defined  the  duties  of  such  District  Trustees, 
which  are  practically  the  same  as  the  duties  of  the 
Township  Trustees  under  the  old  law. 

On  March  13th,  1906,  my  predecessor  in  office  ren- 
dered an  official  opinion  to  the  State  Superintendent  of 
Education,  in  which  he  held  that  the  District  Trustees, 
created  under  the  general  Redistricting  Act,  were  ex- 
empt from  the  payment  of  poll  tax,  inasmuch  as  they 
were  exempt  under  Section  3575  of  the  Code  but  therein 
called  Township  Trustees  and  that  the  mere  change  of 
the  name,  their  duties  being  but  slightly  changed,  could 
not  operate  to  defeat  the  exemption.  From  the  date  of 
the  announcement  of  this  opinion — March  13th,  1906 — 
I  am  informed  by  you  that  the  Department  of  Educa- 
tion, acting  under  the  authority  of  this  opinion  has  uni- 
formly advised  District  Trustees  over  the  State  that 
they  were  under  the  law  exempt  from  the  payment  of 
poll  tax.  I  think  the  ruling  of  the  Attorney  General's 
Department  above  referred  to  should  be  regarded  as 
authority  for  the  exemption  of  such  District  Trustees 
from  the  payment  of  poll  tax  and  no  District  Trustees 
should  be  challenged  at  the  Primary  on  May  18th,  on 
the  ground  that  he  has  failed  to  pay  such  tax. 

It  will  also  be  a  matter  of  importance  to  the  District 
Trustees  who  will  be  elected  on  the  first  Saturday  in 
July,  1908,  to  be  advised  of  the  fact  that  the  new  Code, 
which  will  become  effective  on  May  1st,  1908,  abolishes 
entirely  Township  Trustees,  omits  Section  3575  of  the 
Code  of  1896,  and  contains,  as  far  as  I  have  been  able 
to  discover  after  careful  examination,  no  provision  ex- 
empting District  School  Trustees,  under  the  general  law 
from  road  duty,  jury  duty,  and  poll  tax. 

This  will  effect  a  change  in  the  status  of  District 
Trustees  in  respect  to  the  payment  of  poll  tax  and  on 

13    SL 


194  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

October  1st,  1908,  they  will  be  liable  for  the  payment 
of  such  tax,  and  will  also  be  subject  to  road  duty  and 
jury  duty. 
I  remain, 

Yours  very  truly, 

(Signed)     Alex.  M.  Garber, 

Attorney  General. 


The  State  of  Alabama — Judicial  Department. 


THE    SUPREME    COURT    OF   ALABAMA. 
November  Term,  1909-10. 


7  Div.  320. 


Bessie  Bryant,  pro  aim, 

vs. 
M.  A.  Whisenant^  et  als. 


Appeal  from  Anniston  City  Court. 


Anderson,  J. — It  is  manifest,  that  chapter  41  of  the 
code  of  1907,  which  relates  to  the  public  school  system 
of  the  State  contemplates,  that  tuition  shall  be  abso- 
lutely free  to  all  minors  of  the  State  over  the  age  of 
seven.  We  think,  however,  there  is  a  well  defined  dis- 
tinction between  tuition  and  a  reasonable  incidental  fee, 
for  heating  and  lighting  the  school  room. — State  ex  reL 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  195 

Priest  V.  University  of  Wisconsin ,  54  Wis.  159.  And 
when  the  statute  makes  no  provision  for  a  fund  for  this 
purpose,  the  county  boards  have  the  right  to  prescribe  a 
reasonable  method  for  the  raising  and  collection  of  this 
fund  and  to  delegate  the  authority  to  district  boards 
and  teachers  to  enforce  said  rules.  We  also  think  that 
the  requirement  of  a  reasonable  incidental  fee  for  this 
purpose,  as  a  condition  precedent  to  attendance,  is  con- 
templated by  the  statute,  in  the  absence  of  any  special 
provision  for  same,  and  that  the  rule  set  up  in  special 
pleas  2  and  4  was  a  reasonable  one  and  a  good  defense 
to  the  plaintiff's  action.  The  trial  court  properly  over- 
ruled the  demurrers  to  these  pleas  and  the  judgment 
must  be  affirmed. 

Affirmed. 

Dowdell,  C.  J.,  Simpson,  McClellan  and  Sayre,  JJ., 
concur  in  the  opinion  and  the  conclusion,  Mayfield,  J., 
concurs  in  the  conclusion,  but  does  not  think  that  the 
law  contemplates  free  tuition. 


Montgomery,  Jan.  17,  1910. 
Hon.  H.  C.  Gunnels, 

Superintendent  of  Education, 

Capitol. 
Dear  Sir:^ 

I  have  your  letter  of  January  17th,  1907,  requesting 
me  to  advise  you  Avhether  the  act  of  the  general  assem- 
bly, approved  Feb.  13,  1883,  (Acts  1882-3,  p.  360)  has 
been  repealed.  This  act  establishes  a  separate  school 
district  in  Marengo  county  to  be  known  as  the  Fauns- 
dale  School  District,  and  the  State  superintendent  of 
education  is  directed  by  section  2  "immediately  on  the 
passage  of  this  act  to  appoint  a  district  superintendent 
of  education  for  such  district,  who  shall  be  required  be- 
fore entering  upon  the  duties  of  his  office  to  execute  a 


19(^  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

bond  for  |4,000.00  which  shall  be  payable,  conditioned 
and  approved  in  the  same  manner  as  the  bonds  of  county 
superintendents  of  education  are  now  payable,  condi- 
tioned and  approved."  Sections  3,  4  and  5  of  the  act 
deal  with  the  duty  of  the  district  school  superintend- 
ent and  of  the  disposition  of  certain  school  funds  to 
which  the  district  may  be  entitled. 

There  is  no  provision  of  this  act  nor  of  any  prior  or 
subsequent  act,  so  far  as  I  can  find,  which  attempts  in 
any  way  to  fix  the  term  of  office  of  the  district  super- 
intendent. 

There  is  a  Avell  settled  rule  of  law  that  in  the  absence 
of  a  specific  provision  to  the  contrary,  the  power  of  re- 
moval from  office  is  incident  to  the  power  of  appoint- 
ment; and  that  where  the  term  of  office  is  not  fixed,  the 
officer  holds  at  the  pleasure  of  the  appointing  power. 

ShirtlifP  V.  United  States,  189  U.  S.  315 ; 
Keim  v.  United  States,  177  U.  S.  290 ; 
23  A.  &  E.  Enc.  of  Law,  (2nd.  Ed.)  410. 

Applying  this  principle  to  the  present  case,  it  is  my 
conclusion  that  this  district  superintendent  holds  his 
office  at  the  pleasure  of  the  State  superintendent  of  edu- 
cation, who  is  the  appointing  power  under  the  act,  and 
that  he  is  removable  at  the  pleasure  of  that  officer. 

It  is,  therefore,  my  opinion  that  the  act  creating  this 
special  school  district  is  repealed  under  the  influence  of 
the  act  approved  Aug.  25,  1909,  (Spec.  Acts,  1909,  p. 
115). 

I  am.  Very  truly  yours, 

(Signed)     Alex  M.  Garber, 

Attorney  General. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  ^97 

Montgomery,  June  7,  1910. 
Hon.  H.  C.  Gunnels^ 

Superintendent  of  Education^ 

Capitol. 
Dear  Sir: 

I  have  your  favor  of  the  28th  instant  enclosing  com- 
munication from  Mr.  W.  H.  Storey,  county  superin- 
tendent of  education  of  Pickens  county,  and  requesting 
me  to  advise  you  on  the  following  questions  propounded 
by  Mr.  Storey: 

(1)  Has  the  county  board  of  education  the  author- 
ity to  compel  by  law  the  payment  of  the  supplement 
promised  by  the  town  of  Reform  for  the  support  of  the 
high  school? 

(2)  Is  the  county  board  of  education  authorized  by 
law  to  compel  the  people  of  Reform  to  comply  with  their 
contract  with  the  high  school  commission  "to  erect  a 
building  and  equipment  *  *  *  to  cost  not  less  than 
112,500.00  with  water  works  and  sewerage  system?" 

Answering  the  first  question  I  beg  to  say  that  by  an 
act  approved  August  26th,  1909,  (Special  Acts  1909,  p. 
230)  cities  and  towns  of  this  State  are  authorized  to 
convey  real  or  personal  property  belonging  to  such  cities 
or  towns  and  to  make  appropriations  from  city  and 
town  funds  and  to  issue  bonds  to  aid  in  the  location 
and  in  the  construction  of  high  schools  and  high  school 
buildings  under  the  act  of  the  legislature,  approved 
August  7,  1907,  and  to  make  appropriations  for  such 
high  schools.  By  section  two  of  this  act  all  such  con- 
veyances and  appropriations  which  were  made  before 
its  passage  were  ratified  and  confirmed.  If  the  town  of 
Reform  has  made  an  appropriation  for  this  purpose  I 
am  of  the  opinion  that  a  proceeding  to  enforce  the  pay- 
ment thereof  should  be  instituted  in  the  name  of  the 
State  of  Alabama. 

Answering  the  second  question  I  beg  to  say  that  a 
suit  may  be  instituted  by  the  State  of  Alabama  against 


198  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

the  citizens  of  Reform  to  require  them  to  comply  with 
their  contract  with  the  high  school  commission  as  indi- 
cated in  this  question. 

I  herewith  return  Mr.  Storey's  letter. 
Yours  very  truly, 
(Signed)     Alex  M.  Gabber, 

Attorney  General. 


Montgomery,  August  21,  1908. 
Hon.  H.  C.  Gunnels, 

Superijitendcnt  of  Education, 

Capitol. 
Dear  Sir: 

On  the  25th  ultimo  you  handed  me  a  communication 
from  Mr.  W.  T.  Hollingsworth,  county  superintendent 
of  education  of  Chambers  county,  Alabama,  to  which 
was  attached  a  letter  from  Mr.  J.  M.  Tucker,  and  you 
desire  to  be  advised  upon  the  question  raised  in  these 
letters,  namely,  whether  the  county  board  of  education 
may  apportion  money  from  the  general  school  fund  for 
the  support  of  the  county  high  schools  established  un- 
der the  act  of  the  legislature  of  August  7th,  1907,  ( Gen- 
eral Acts  1907,  page  728). 

After  a  full  investigation  of  the  matter,  it  is  my  opin- 
ion and  I  so  advise  you  that  the  county  board  of  educa- 
tion may,  in  its  discretion  apportion  money  from  the 
common  school  fund  for  the  support  of  such  high 
schools.  I  am  supported  in  my  conclusion  by  the  cases 
of  Elsberry  v.  Seay,  83  Ala.  page  614,  and  Shultes  v. 
Eberly,  82  Ala.,  page  242. 

The  authority  for  the  apportionment  of  the  school 
funds  by  the  county  boards  of  education  is  found  in 
Section  1765,  et  seq.  of  the  code  of  1907.  A  very  wide 
discretion  is  reposed  in  these  boards  in  making  such 
apportionment  and  I  regard  it  as  being  within  their 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA.  I99 

power  to  apportion  the  same  in  part  for  the  support  of 
the  high  schools,  established  under  the  authority  of  the 
act  referred  to,  which  constitute  an  integral  part  of  our 
public  school  system.    I  remain, 

Yours  very  truly, 

(Sig-ned)     Alex  M.  Garber, 

Attorney  General. 


Montgomery,  May  17th,  1911. 

Hon.    H.    J.    WlLLINGHAM^ 

Superintendent  of  Education^ 

Capitol. 
Dear  Sir: 

Keplying  to  your  letter  of  the  16th  requesting  my 
opinion  upon  the  validity  of  the  bill,  H.  B.  285,  "To 
amend  Sections  1975,  1976,  1977,  1981,  1992,  1993  and 
1989  of  the  Code  of  Alabama  of  1907,"  approved  April 
18th,  1911,  I  find  upon  investigation  of  the  Journals  of 
the  legislature  that  on  the  forty-seventh  day  of  the  ses- 
sion, April  5th,  1911,  that  w^hen  this  bill,  H.  285,  was 
taken  up  and  before  the  third  reading,  a  substitute  for 
the  bill  was  offered  and  this  substitute  was  set  out  at 
length  upon  the  Journal  of  the  House  and  was  adopted 
by  the  House  and  the  bill  as  amended  by  this  substitute 
was  read  a  third  time  at  length  and  passed. 

Section  1  of  this  substitute,  as  shown  by  the  Journal 
of  the  House,  appropriated  the  sum  of  "one  hundred 
thousand  and  five  hundred  dollars."  However,  it  will 
be  found  that  Section  1  of  the  enrolled  bill  was  signed 
by  the  presiding  officer  and  approved  by  the  governor 
and  which  is  the  law  itself,  appropriates  the  sum  of 
"one  thousand  and  five  hundred  dollars."  The  original 
of  the  substitute,  which  was  adopted  by  the  House  now 
shows  that  Section  1  appropriates  one  thousand  five 
hundred  dollars,  the  word  "hundred"  that  appears  in 


200  PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 

the  copy  of  this  substitute  on  the  Journal  of  the  House^ 
being  stricken  out. 

Thus  it  will  be  seen  that  the  bill  which  passed  the 
House  is  materi[ally  different  from  the  one  approved  by 
the  governor  and  signed  by  the  presiding  officers  of  the 
two  houses  and  presumably  different  from  the  one  which 
passed  the  senate. 

There  can  be  no  question  with  reference  to  the  fact 
that  the  difference  in  the  two  bills  is  a  material  one,  the 
difference  being  in  the  total  amount  appropriated  for 
the  purpose  of  the  bill  and  under  the  rulings  of  the 
Supreme  Court  of  this  State  with  reference  to  such 
matters,  the  bill  is  unconstitutional  and  absolutely  void 
in  its  entirety,  the  court  holding  that  where  an  amend- 
ment to  a  bill  is  set  out  upon  the  Journal  of  either 
house,  that  the  enrolled  bill  must  be  in  accordance  with 
this  amendment.  (See  Stein  v.  Leeper,  78  Ala.  517,  and 
Moog  V.  Kandolph,  77  Ala.  597. 

Yours  truly, 

Robert  C.  Brickell, 

Attorney  General. 


INDEX 


INDEX 


EDUCATION    ARTICLE    OP    CONSTITUTION. 

Page  Section 

Census,   School,  Legislature  to  provide  for 170  268 

Children,    School   Age   of 1G6  256 

Funds  for  Schools,  how  apportioned 166  256 

Funds  for  Schools,  principal  to  be  kept  inviolate. _  166  257 

Funds  for  Schools,  interest,  how  applied 166  257 

Funds  for  Schools,  sources  of   (State) 167  260 

Lands  given   schools,   how   applied 167  258 

Location  of  certain  institutions  not  to  be  changed, 

exception    170  267 

Mobile  County,  how  schools  affected  by  Constitution  171  270 
Moneys  all  applied  to  pay  of  teachers  except  four 

per    cent 167  261 

Poll  Taxes  to  be  applied  to  school  support 167  259 

Polytechnic  Institute,  control  and  management  of—  169  266 
Sectarian  or  Denominational  Schools  excluded  from 

public  funds 168  263 

Taxation  for  schools  by  State,  rate  of 167  260 

Taxation  for  schools,  special  by  counties 171  269 

University  of  Alabama,  management  and  control —  168  264 

University  of  Alabama,  financial  support  of 169  265 


204  INDEX. 

Page 
APPROPRIATIONS— 

For  public  schools  3 

Special  for  School  Funds 4 

School,    when    accrue 5 

Agricultural  Experiment  Stations 164 

District    Agricultural    Schools 55-56 

Ala.  Industrial  School  for  White  Boys 110 

School  for  Deaf  and  Blind 103 

Ala.  Girls'  Tech.  Institute 95 

University  of  Alabama    (University  Fund)     76 

University   of   Alabama    (Additional) 83 

Ala.  Polytechnic  lust.  (In  lieu  of  Tag  Tax)     88 

Ala.  Polytechnic  Inst.    (Additional) 89 

For  Rural  Schoolhouses  112 

County  High  Schools 73 

To  rebuild  Randolph  Co.  High   School 148 

ABOLISHED,    TOWNSHIPS    10 


Section 

1678 
1678 
1679 


(note) 

(note) 
1929 
1872 

(note) 
1911 

(note) 
1975 
1862 


1689 


ALCOHOL  AND  NARCOTICS,  INSTRUCTION  IN     35 


1746 


AGRICULTURE,     TEACHING     OF     IN     PUBLIC 

SCHOOLS 35 

AGRICULTURAL       EXPERIMENT       STATIONS, 

APPROPRIATION    FOR    164 

AGRICULTURAL    SCHOOLS    55-56 

APPORTIONMENT  OF  SCHOOL  FUND— 

State   Auditor   certificates    41 

16th  Section  int.  first  set  apart ._  43 

To   counties — certified  to   Auditor 42 

To  counties — certified  to  county  supts 42 

To  counties — when  made  45 


1747 


1760 
1764 
1762 
1763 
1770 


INDEX.  205 

Page.  Section. 
APPORTIONMENT  OF  SCHOOL  FVNB— Continued. 

To   school  districts   43  1765 

To  school  districts — when  contracts  invalid    44  1768 

By  county  board  reported  to  State  Supt.__     43  1766 


APPORTIONMENT  OF  LOCAL    SCHOOL  FUNDS     45 


1776 


APPORTIONMENT    OF    INCOME    FROM    TRUST 
FUND    IN    DIVIDED    TOWNSHIP___ 


45 


1777 


ALABAMA   POLYTECHNIC   INSTITUTE— 

Incorporation,    general    powers 85 

Fund     86 

Powers  of  Board  of  Trustees 86 

Classification   of  trustees   86 

Vacancy  in  Board,  how  filled 87 

Time  and  place  of  meeting  of  trustees 87 

Quorum,  board  of  trustees 87 

Payment  of  expenses  of  trustees 87 

When  gift  or  grant  affected 88 

Report  of  trustees  to  legislature 88 

Interest  on  fund,  when  and  how  paid 88 

Appropriation  in  lieu  of  tag  tax 88 

Appropriation    (Additional)     89 

ALABAMA  GIRLS'  TECHNICAL  INSTITUTE— 

Corporate  name,   rights,  etc 89 

Trustees,  term  of  office,  etc 89 

Purposes    for    which    established 90 

Powers  to  confer  degrees,  etc 91 

Pres.,   election   and   qualifications  of 91 

Depts.,  Professors,  etc.,  how  chosen 92 

Sec'ty.    of    Trustees    92 

Treasurer,  election,  duties,  etc 92 

Books  open  to  inspection 93 

Pupils  admitted,  qualifications  of 93 


y 


1899-1900 
1901 
1902 
1903 
1904 
1905 
1906 
1907 
1908 
1909 
1910 
1911 
(note) 


1912 
1913 
1914 
1915 
1916 
1917 
1918 
1919-1920 
1921 
1922 


206 


INDEX. 


Page.  Section. 
ALABAMA  GIRLS'  TECHNICAL  INSTITUTE— C7on^mued. 

Property  exempt  from  taxation 94  1923 

Scholarships    94  1924 

Duties  of   students  94  1925 

Rights    confirmed    95  1926 

Instruction  free 95  1927 

Power  to  condemn  property 95  1928 

Appropriation  to   95  1929 

Title  to  and  sale  of  land 96  1930 

Deposit  of  proceeds  of  sales  and  leases 96  1931 

Interest  on  land  fund  paid  quarterly 96  1932 

ALABAMA  INSTITUTE   FOR  THE  DEAF— 

Establishment    and    corporation 97       1933-1934 

Board  of  Trustees   97  1935 

Meetings  of  Board,  Sec.  and  Treas 99  1936 

Duties  of  Treasurer 99  1937 

President  of  Board,  Teachers,  Compensa- 
tion   of   Officers 99  1938 

Object  of  school,  application  and  admission  100  1939 

Selection  and  powers  of  Executive  Com. 100  1940 

Appropriation  for  each  pupil 101  1941 

Property  to  be  insured,  etc.,  appropriation 

for    101  1942 

ALABAMA  SCHOOL  FOR  THE  BLIND— 

Establishment,   control   and   management—  101  1943-44 

Objects  of  school,  application  and  admis- 
sion,  term   of   pupilage 102  1946 

Officers  and  teachers,  compensation  of 102  1947 

Law  relating  to  Ala.   School  for  the  Deaf 

applicable    102  1948 

Appropriation  for 103  (note) 


ALABAMA  SCHOOL  FOR  NEGRO  DEAF,  MUTES 
AND  BLIND— 

Establishment,   control   and   management.-  103 
Object,  application  and  admission,  term  of 


1949-50 


INDEX.  207 

Page.        Section. 
ALABAMA  SCHOOL  FOR  NEGRO  DEAF,  MUTES  AND  BLIND— 
Co7itinued. 

pupilage    103  1951 

Appropriation  for  each  pupil 103  1952 

Laws  relating  to  Ala.     School     for     Deaf 

applicable    104  1953 

ALABAMA  INDUSTRIAL   SCHOOL  FOR  WHITE 

BOYS— 

Rights  and  powers  of 105  1954 

Directors,   term   of   office 105  1955 

Officers,    agents    and    employees 106  1956 

By-laws    106  1957 

Meetings  of  Board 106  1958 

White  children  between  6  and  18  years  of 

age  provided  for 106  1959 

Commitment   of   children   to 107  1960 

Appeals  from   decision   committing  child 108  1961 

Time  children   kept  in  reformatory 108  1962 

Reports  to   Legislature   109  1963 

Criminal   children   sentenced  to   school 109  1964 

May  receive  children  without  authority  of 

court    109  1965 

Exclusive    custody    of    children    committed  109  1966 

Instructions  given   children   committed 109  1967 

Treasurer    of    School— Bond    110  1968 

Detention  and  keeping  of  children,  author-  * 

ity    for    110  1969 

Convict  children  separated  from  others 110  1970 

Appropriation  to  school   110  (note) 

ALABAMA  SCHOOL  OF  TRADES  &  INDUSTRY— 

Established  at  Ragland   149  

ALABAMA    REFORM    SCHOOL    FOR    JUVENILE 
NEGRO  LAW   BREAKERS— 
Established 158  


208  INDEX. 

Page.        Section. 
BOARD  OF  EDUCATION— 

Municipal  Districts 17  1701 

Cities  of  6,000  and  over 119  1349 

Cities  of  1,000  and  less  than  6,000 123  1355 

BOARD  OF  EDUCATION— 

County    5  1680 

Election  of 21  1712 

Of  wlsom  constituted 21  1713 

Vacancies,  how  filled 22  1714 

Powers  and  duties  of 22  1715 

Compensation    of    22  1716 

BOARD  OF  EXAMINERS,  STATE,  FOR  TEACH- 
ERS   - 28  1719 

Compensation  of  31  1726 

Examines  and  grades  papers  33  1737 

BOARD     OF     COMPROMISE,     AS     TO     SCHOOL 

LANDS 53  1804 

BOARD,  NORMAL  SCHOOL,  CREATED 138                 

BOARD,  REDISTRICTING 11  1691 

BOND   OF   COUNTY   SUPT.   OF   EDUCATION 18  1704 

BOND  OF  STATE  SUPT.  OF  EDUCATION 6  1682 

COUNTY  TREASURER  OF  SCHOOL  FUND 25  1 

COUNTY   SUPT.   OF   EDUCATION 5  1680 

Term  of  office,   etc 17  1703 

Oath  of  office  and  bond 17  1704 


INDEX.  209 

Page.  Section. 
COUNTY  SUPT.   OF  EBVCATION— Continued. 

Approval  and  record  of  bond 17  1705 

New   bond    .. 18  1706 

His   duties   and    powers    f23  1 

|l8  1707 

Forfeiture  for  failure  to  make  reports 20  1708 

Books  and  accounts   liable  to  examination     20  1709 

Vacancies,  how  filled 20  1710 

Compensation    of    (2Z  2 

|27  1711 

Proceedings   for   and    against    117-118        5940-5945 

COUNTY  BOARD  OF  EDUCATION 5  1680 

Election   of   21  1712 

Of  whom  constituted . 21  1713 

Vacancies,  how  filled 22  1714 

Powers  and  duties  of 22  1715 

Compensation   of   22  1716 

Required  to  keep  record  of  apportionment-.     44  1767 

CENSUS  OF  SCHOOL  CHILDREN 26  1717 

Compensation  of  enumerators 27  1718 

False  enumeration,  penalty  for 27  7755 

CONDUCTORS  OF  TEACHERS'  EXAMINATIONS 
IN  COUNTIES— 

Compensation  of 31     .  1727 

CONTINGENT  FUND,  DEPT.   OF  EDUCATION..     46  1780 

CRIMINAL    PROVISIONS    OF    PUBLIC    SCHOOL 

LAW    36-39       6413-7755 

CERTIFICATES,  OF  TEACHERS— 

Temporary 29  1723 

Grades  of 32  1732 

14  SL 


210  INDEX. 

Page. 
CERTIFICATES,    OF   TEACHERS— Continued. 

Percentage  required   32 

How  issued 33 

Lifetime  of  34 

Life    34 

Revoking    34 

COMMISSION,  TEXT  BOOK— 

How  constituted,  oath,  etc 56 

Duties  of 57 

Unlawful  to  use  other  books 57 

Branches  of  study  for  which  books  selected  57 

Sectarian  or  partisan  books  forbidden 57 

Books  selected  may  be  dropped 58 

Advertising  for  bids,  deposit  of  security 58-59 

Notification  of  contract  awarded 60 

Contract,    preparation    of    ,etc 60 

Bond  of  contractor 61 

Deposits  returned  after  execution  of  bond_  61 
Failure  of  publisher  to  execute  contract  or 

bond 62 

Recovery  on  bond  of  contractor 62 

Sec.   of   State   preserves    sample   copies   of 

books    62 

Exchange    and    contract    price    printed    on 

books     63 

Price  of  books  shall  not  exceed  that  of  other 

states    63 

Changing  or  altering  contracts 64 

Majority    controls   64 

State  not  liable  to  contractor 64 

Old  books  exchanged  for  new 64 

Rejecting   bids   64 

Readvertising  for  bids   65 

Bids  for  copyright 65 

Manuscripts    66 

Proclamation  of  Governor  announcing  cqn- 

tracts  66 


Section.. 

1733 
1738 
1740 
1741 
1743 


1805-1807 
1808 
180^ 
1810 
1811 
1812 

1815-1819 
1820 
1821 
1822 
1823 

1824 
1825 

1826-1827 

1828 

1829 
1830 
1831 
1832 
1833 
1834 
1835 
1836 
1837 

1838 


INDEX.  211- 

Page.        Section. 
COMMISSION,  TEXT  BOOK— Continued. 

Three  depositaries  in  each  county 66  183& 

Contract  price  printed  on  books 67  1840 

Distribution  of  books 67  1841 

Term  of  67  1842 

List  of  books,  agencies,  etc 67  1843 

Supplementary  text  books — books  for  high- 
er grades  68  1844 

Other  books  used  on   failure     to     furnish 

those  adopted  68  1845 

Appropriation   for   68  1846 

Compensation   of   68  1847 

Clerk  of  Commission,  compensation  of 69  1848 

Books  adopted  continue  five  years 69  1849 

Failure  of  contractor  to  furnish  books 69  1850 


COMMISSION,   HIGH    SCHOOL— 

To  locate  and  establish 73  1861 


COUNTY  HIGH   SCHOOLS— 

Sites,   annual   donation   paid  quarterly 73  1862 

Controlled  by  High  School  Commission  and 

County  Board 73  186a 

Free  schools  and  office  of  trustee  not  abol- 
ished         7^  1864r 

Qualification  and  eligibility  of  teachers  and 

students    73  1865 

Course  of  study 73  1866 

Matriculation  fees 73  1867 

Cities  and  towns  authorized  to  aid 133  

Commissioners'  Court  or  Board  of  Revenue 
authorized  to     appropriate    funds     for 

maintenance  or  construction 134  

State  authorized  to  sell  lots  conveyed  to  it  136  

CHILD  LABOR  LAW   125-130  


212 


INDEX. 


Page.        Section. 

canebrake   agricultural    experiment 
station- 
To  regulate  Board  of  Control 161                

DISTRICT  TRUSTEES   5  1680 

Election,  powers,  etc. 13  1G97 

Organization  of  15  1698 

Duties  of 15  1699 

Number  increased  for  graded  school 16  1700 

DISTRICT,   SCHOOL— 

Municipal  16  1701 

Incorporated    11  1690 

Redistricting    Board    11  1691 

Separate     13  1693 

Not  affected  by  county  line 13  1694 

Apportionment  of  funds  to 43  1765 

Apportionment,  when  contracts  invalid 44  1768 

Fund,  once  apportioned  not  used  for  other 

purposes 46  1778 

New,  income  entitled  to 46  1779 

DALE  COUNTY  HIGH   SCHOOL,  established 137                

ENUMERATION  OF  SCHOOL  CHILDREN 26  1717 

ENUMERATORS,  COMPENSATION  OF 27  1718 

ENUMERATION,  FALSE,  PENALTY  FOR 27  7755 

EXAMINERS,   STATE  BOARD  OF— 

For  teachers 28  1719 

Compensation  of  31  1726 


INDEX. 

Page. 
EXAMINATION  OF  TEACHERS— 

Percentage  required  32 

Branches  examined  upon  32 

Must  be  written 33 

Papers  transmitted  to  State  Board 33 

Papers  kept  on  file  six  months 34 

Separate  school   districts   35 

At  State  University  by  State  Board 85 

Compensation  of  conductors  in  counties 31 

Fees 30 

EXAMINATIONS  OF  PUPILS,  PUBLIC 40 

EDUCATIONAL  CORPORATIONS— 

Disposition  of  property  when  stockholders 

are  unknown 153 

FUND,  PUBLIC  SCIIQOL 3 

Constitutional  levy  30c.  on  one  hundred 4 

Certified  by  Auditor,  apportioned  by  State 

Supt.    41 

Amount   for   Normals   and   Ed.    Contingent 

Fund  set  apart 41 

Apportioned  to  counties  by  State  Supt f42 

1 45 

County  Treasurer  of  25 

Incorporated  cities,  how  paid 14 

Local,  apportionment  of 45 

Trust,  how  apportioned  in  divided  towns'ps  45 
District,    once    apportioned    not    used      for 

other  purposes  46 

FUND,    STATE    UNIVERSITY    76 

(Additional  Appropriation)   83 

FUND,  ALABAMA  POLYTECHNIC  INSTITUTE—  86 

Interest  on,  when  and  how  paid 88 

In  lieu  of  tag  tax : 88 


213 
Section. 

1733 
1734 
1735 
1736 
1739 
1745 
1898 
1727 
1725 

1758 


1678 
(note) 

1760 

1761 
1763 
1770 
1 
1695 
1776 
1777 

1778 

1872 
(note) 

1901 
1910 
1911 


214  INDEX. 

Page.  Section. 
rUND,    LAND,    ALABAMA    GIRLS'    TECHNICAL 

INSTITUTE    96  1932 

FUND,  NORMAL  SCHOOLS 41  1761 

HIGH  SCHOOLS  FOR  DALE  COUNTY— 

Established    137  

INCORPORATED  CITIES  AND  TOWNS— 

Separate  school  districts 13  1693 

Funds,   how   paid    f   14  1695 

)124  1356 
Authorized  to  make  appropriation  and  issue 
bonds  to  aid  in  establishing  and  con- 
structing high  schools 133                

INSTITUTES,    TEACHERS,    TO    PROVIDE    FOR     144  

LAND  AGENT,  POWERS  OF 165  

LANDS,  SCHOOL 47  1781 

Indemnity    47  1781 

Sale  of  by  State  Supt.  of  Education 47  1782 

Indemnity,   how  sold   47  1783 

Resale    of    48  1784 

Proceeds  of  sale,  how  disposed  of 48  1785 

Notes  taken,  when  placed  with  Att'y  Gen'l    48  1786 

Manner  and  terms  of  sale 48  1787 

Timber  lots  reserved,  how  used 49       1788-1789 

Penalty  for  injury  to  timber 49  1790 

Certificate  of  purchase,  effect  of 50       1792-1793 

Revesting  of  title 50  1794 

Patents   issued   by   Sec'y.   of   State 51     1796-97-98 

Notes,  collection  of 52       1799-1800 

Township  credited  with  collections 52  1801 

Proceeds  covered  into  Treasury 52  1802 

Lease  of 53  1803 

Board  of  Compromise  for 53  1804 


INDEX.  215 

Page.         Section. 
XANDS— 

State  authorized  to  sell  certain  lands  con- 
veyed to  it  for  school  purposes 136  

LIBRARIES— 

Right  of  cities  and  towns  to  establish 125  1358 

Acts  to  establish  in  rural  &  village  schools  141  

LICENSES,  PAID  TO  SCHOOL  FUND 4  1678 

LIFE  CERTIFICATES  FOR  TEACHERS ,_     34  1741 

LOCAL  SCHOOL  FUNDS— 

How  apportioned,  etc. 45  1776 

MUNICIPAL  SCHOOL  DISTRICT— 

Board  of,  etc. 16  1701 

MONTHLY  REPORT  OF   SCHOOL   TEACHERS—     36  1749 

MOBILE  COUNTY,   SPECIAL  SCHOOL  TAX 131  

NORMAL  SCHOOLS 54-55  

Apportionment  of  funds  to 41  1761 

NORMAL   SCHOOL   BOARD   CREATED____ 138  

NON  RESIDENTS,  when  entitled  to  Public  Schools    39  1756 


ISTORTH  EAST  ALA.  AGRICULTURAL  &  INDUS- 
TRIAL INSTITUTE,  established  at 
Lineville  156 


21  g  INDEX. 

Page.  Section. 
OFFICERS  AND  BOARDS  OF  ADMINISTRATION 

FOR  PUBLIC    SCHOOLS   5  168(^ 

OPINIONS  OF  ATTORNEYS-GENERAL— 

A  copy  book  is  a  text  book ^ 172  

Adopted  text  books,  purchase  of  from  cer- 
tain  dealers    176  

Garnishment,  subjection  of  teachers'  sal.  to  179  

Rural  Schoolhouses ;  application  of  funds-  179  

County  Superintendent,     qualifications     for 

election  of  182  . 

City  and  town  schools;     to     whom     funds 

for,   payable    185  

Authority  of  county  board     to     apportion 

school  funds  190  

Poll  tax ;  exemption  of  school  trustees  from  191  

State  school  funds  under  Munic.  Code  Law  185  

Authority  of  county  board  to  assess  inci- 
dental  fee   194  

Faunsdale  Special  School  District;  act  re- 
pealed    195  

Relating  to  Pickens  County  High  School—  197  

Apportionment  of  public  school  fund  by 
county  board  for  support  of  county  high 
school    198  

Amended  bill  for  Rural  Schoolhouses  uncon- 
stitutional     199  

PUBLIC  SCHOOL  FUND  (State) 3  1678 

Auditor  certifies,  Supt  apportionsi 41  1760 

Apportioned  to  counties  by  State  Supt 42  1763 

County  Treasurer  of  25  1 

County  Treasurer  of,  duties  25       2,  3  and  4 

PUBLIC  SCHOOLS— 

Officers  and  Boards  of 5  1680 

Pupils  eligible  to 39  1755 


INDEX.  217 

Page.  Section. 
PUBLIC  SCUOOI^S— Continued. 

When  non-residents  entitled  to  39  1756 

Separate  for  the  two  races 40  1757 

To  provide  for  in  manufacturing  districts  135  

PUPILS  ELIGIBLE  TO  PUBLIC  SCHOOLS 39  1755 

PUBLIC    EXAMINATIONS    IN    SCHOOLS 40  1758 

POLL  TAX  3  1678 

Net  amount  to  be  retained  in  each  county 

for  school  purposes 44  1769 

REVENUE,   SURPLUS  U.  S.  3  1678 

RENTS  3  1678 

REGISTER  OF  LICENSED  TEACHERS 35  1744 

REGISTER,   SCHOOL,   kept  by  teachers 35  1748 

REPORT,  MONTHLY  ;  by  teachers 36  1749 

REPORT  OF  APPORTIONMENT  OF  FUNDS  BY 

COUNTY  BOARD 43     .  1766 

RURAL  SCHOOLHOUSES— 

Appropriation  for  112  1975 

Limitation  of  appropria'n  to  any  one  county  113  1976 

Application  of  school  district  for  appropria- 
tion      113  1977 

Filing  and  submitting  of     application     to 

county  board 113  1978 


213  INDEX. 

Page.        Section. 
RURAL  SCUOOUiOVSBS— Continued. 

Consideration  of  applica'n  by  county  board  113  1979 
Record  of  consideration  of  application — con- 
tests     113  1980 

Amomit  of  appropriation  recommended 113  1981 

Plans   and   specifications,   how   furnished 114  1982 

Area  of  schoolhouse  lot 114  1983 

County  Board  certifies  approval  of  applica- 
tion to  State  Superintendent 114  1984 

State  Supt.  orders  warrant;  Auditor  issues  114  1985 

Delivery  and  forwarding  of  warrants 115  1986 

Receipts  for  warrants 115  1988 

Payment  of  warrant  to  district  trustees—  115  1989 
Account   with   each   county  kept  by   State 

Superintendent   116  1990 

Unused  warrant  cancelled 116  1991 

Unexpended  county  balance  carried  forward  116  1992 

Warrants;  proceeds  how  used 116  1993 

Warrants;  wrongful  application  of,  penalty  116  7754 

State  authorized  to  sell  lots  conveyed  to  it_  136  

SCHOOL  AGE,  pupils  of  public  school 39  1755 

SCHOOL  FUND,  PUBLIC 3  1678 

Auditor  certifies,   Supt.   apportions 41  1760 

Amount  for  Normal  Schools  and  Contingent 

Fund  first  set  apart 41  1761 

Apportioned  to  counties  by  State  Supt 42  1763 

Constitutional  levy,  30c.  on  one  hundred 4  1678 

County  Treasurer  of 25  1 

County  Treasurer  of,  duties 25       2, 3  and  4 

When  apportioned  to  counties 45  1770 

SIXTEENTH  SECTION  INTEREST— 

First  set  apart  in  making  apportionment  of 

funds 43  1764 


INDEX. 


219 


Page. 

SURPLUS  REVENUE  U.  S. 3 

SCHOOL  FUND,  LOCAL,  how  apportioned 45 

SCHOLASTIC  PERIODS 40 

SCHOOLS,   PUBLIC— 

Pupils  eligible  to 39 

When  non  residents  entitled 39 

Separate  for  the  two  races 40 

Officers  and  Board  of 5 

To  provide  for   in  manufacturing  districts  125 

SCHOOL  DISTRICTS— 

Apportionment  of  funds  to 43 

Fund  once  apportioned  not  used  for  other 

purposes   46 

New,  income  entitled  to 46 

Incorporated    11 

Redistricting  Board,  etc. 11 

Separate 13 

Not  affected  by  county  line 13 

Municipal  16 

SCHOOL  LANDS— 

Indemnity  lands 47 

How  sold 47 

Resale  of  48 

Proceeds  of  sale,  how  disposed  of 48 

Notes  taken,  when  placed  with  Att'y  Gen'l  48 

Manner  and  terms  of  sale 48 

Timber  lots  reserved,  how  used 49 

Penalty  for  injury  to  timber 49 

Certificate  of  purchase,  effect  of 50 

Revesting  of  title 50 

Patents  issued  by  Secretary  of  State 51 


Section. 
1678 

1776 

1759 


1755 
1756 
1757 
1680 


1765 

1778 
1779 
1690 
1691 
1693 
1694 
1701 


1 
1 
1 
1 
1 
1 

1788-1 
1 

1792-1 

1 

1796-97 


782 
783 
784 
785 
786 
787 
789 
790 
793 
794 
-98 


220  INDEX. 

Page.        Section. 
SCHOOL  TuANBS— Continued. 

Notes,   collection  of   52       1799-1800 

Township  credited  with  collections  __ 52  1801 

Proceeds  of  sale  covered  into  Treasury 52  1802 

Lease  of 53  1803 

Board  of  Compromise  for 53  1804 

SCHOOLS,  NORMAL 54-55  

Apportionment  of  funds  to 41  1761 

SCHOOLS,  AGRICULTURAL   55-56  

SCHOOL  FOR  MINES   AND  MINING    (Preparatory)  — 

Incorporation  of 111  1971 

Location  and  powers  of 111  1972 

Faculty,  election  and  term 111  1973 

Trustees    112  1974 

SCHOOLS,   CITY  AND  TOWN,  UNDER  MUNICI- 
PAL GOVERNMENT— 

Regulation    of    119  1348 

Board  of  Education,  cities  of  6,000  or  more  119  1349 

Board  of  Education,  officers,  election  of__  120  1350 

School  property,  how  held 120  1351 

Appropriation   for  schools  121  1352 

Schools,  control  of  121  1353 

Superintendent    of    schools    122  1354 

Board  of  Education  in  towns  of  1,000  and 

less    than   6,000 123  1355 

Special   School  District,  funds  for 124  1356 

Municipalities    exempt   from    school    law 124  1357 

Libraries,  right  to  establish 125  1358 

SCHOOLS,  HIGH— 

Commission   to   locate   73  1861 

Sites;    annual    donation   paid   quarterly...     73  1862 


INDEX.  221 

Page.        Section. 
SCHOOLS,  UIGB.— Continued. 

Controlled  by  High  School  Commission  and 

County  Board  of  Education   73  1863 

Free  school  and  office  of  trustee  not  abol- 
ished         73  1864 

Qualifications    and    eligibility    of    teachers 

and    students    73  1865 

Course  of   study   73  18G6 

Matriculation  fee 73  1867 


SUPERINTENDENT    OF    EDUCATION    (STATE)  5   -r-         1680 

Term  of  office,  salary 5  1681 

Oath   and  bond    6  1682 

Office,  books  and  records 6  1683 

Clerks    and    salaries    6  1684 

His  duties 6  1685 

Annual  Report  to  Governor 10  1686 

Vacancy  in  office,  how  filled 10  1688 


STATE    BOARD   OF    EXAMINERS   FOR   TEACH- 
ERS         28  1719 

Compensation  of   31  1726 

Grades   papers    33  1737 

Issues   certificates   to   teachers 34  1736 

SALARY  OF  TEACHERS  PAID   MONTHLY 36  1750 

SOUTHERN    INDUSTRIAL   INST.,    to  provide  for  147  

TAX,    SPECIAL    SCHOOL,    MOBILE    COUNTY__  131  


TAX,   POLL    3  1678 

Net  amount  for  school  purposes 44  1769 


222 


INDEX. 


Page. 
TAX.   SCHOOL— 

Constitutional  30c.  on  the  hundred 4 

Local    County    70 

TRUSTEES,    DISTRICT    5 

Election,  powers,  etc. 13 

Organization    of    15 

Duties    of 15 

Number    increased    for    graded    school 16 

TOWNSHIPS— 

Abolished   10 

Incorporated   11 

Divided,  how  Trust  Fund  apportioned  to 45 

TREASURER,    COUNTY,    OF    PUBLIC      SCHOOL 

FUND   25 

Duties  of  25 

TEACHERS— 

State  Board  of  Examiners  for 28 

Times  for  Examination  of 29 

Applicants  must  be  of  good  character 32 

Examinations  in  counties,  how  conducted—  30 

List  of  questions  prepared 28 

Stealing  examination  questions,  penalty  for  28 

Fees  for  examination  30 

No  assistance  on  examination  allowed 31 

Branches  of  learning  examined  upon 32 

Examination  shall  be  written 33 

Examination    papers   transmitted   to    State 

Board  for  grading  33 

Examination  papers  kept  on  file  six  months  34 

Certificates  issued  by  State  Board 34 

Grades  of  certificates 32 

Certificate,  percentage  required  for 32 


Section. 

(note) 
1851 

1680 
1097 
1698 
1699 
1700 


1689 
1690 
1777 


2,  3  and  4 


1719 
1722 
1730 
1724 
1721 
7750 
1725 
1728 
1734 
1735 

1736 
1739 
1738 
1732 
1733 


INDEX.  223 

Page.        Section. 
TEACUBUS— Continued. 

Temporary    certificate    29  1723 

Certificates,  lifetime  of 34  1740 

Certificates,    Life    34  1741 

Certificates,    revoking    34  1743 

Register  of  licenses  kept  by  State  Board—  35  1744 
Additional  examinations  allowed  in  separ- 
ate school  districts 35  1745 

Must  keep  school  register 35  1748 

Must  make  monthly  report 36  1749 

Salary  paid  monthly  36  1750 

TEACHERS'  INSTITUTE;  to  provide  for  holding  144                

TEMPERANCE— 

Evils  of  intemperance     taught     in     public 

schools    132                

TEXT  BOOK   COMMISSION      (See     "Commission, 
Text  Book,"  page  56)  — 

UNIVERSITY  OF  ALABAMA— 

Incorporation   of   75  1869 

Powers,  duties  and  liabilities 75  1870 

Power  of  holding  and  disposing  of  property  75  1871 

Fund  defined 76  1872 

When  gift  or  grant  not  affected 76  1873 

Rights,   etc.   76  1874 

Powers  of  Board   of  Trustees   76  1875 

Classification  of  Trustees,  terms,  etc 76  1876 

Quorum  of  Board 78  1877 

Time  and  place  of  meeting  of  trustees 79  1878 

Proceedings  of  Board  recorded 79  1879 

Report  of  Board  to  Legislature 80  1880 

Interest  on  University  Fund,  how  payable  80  1881 
Right  reserved  to  Legislature  to  revise  and 

amend  80  1882 

Law  Depart,  to  receive  second  hand  books  81  1883 


224  INDEX. 

Page.        Section. 
UNIVERSITY   OF   AL.AB  AM  A— Continued. 

Law  Dept.  must  be  supplied  with  codes 81  1884 

Police  and  grounds   81  1885 

Lands,  lease  and  sale  of 81  1886 

Executive  Committee  of  Board  of  Trustees  82  1887 

Sales,   leases,  etc.,  ratified 82  1888 

Medical  Department 83  1889 

Cement   Laboratory    84  1893 

Summer   School   84  184 

Summer  School  appropriation,  how  paid 84       1895-1896 

Matriculation  or  tuition  fee 85  1897 

Examination  of  teachers  by  State  Board__  85  1898 

Additional   approprfations   83  (note) 

VACANCIES  IN  OFFICE— 

How  filled,  when  no  provision  made 130  

State  Supt.  of  Education  filled  by  Gov 10  1688 

County  Supt.  of  Education,  how  filled 20  1711 

County  Board  of  Education,  how  filled 22  1714 


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1911 


